Working at Height on Irish Construction Sites: What the Law Requires
Falls from height remain the leading cause of fatal accidents on Irish construction sites.
# Working at Height on Irish Construction Sites: What the Law Requires Falls from height remain the single biggest cause of fatal accidents on Irish construction sites. The Health and Safety Authority (HSA) consistently identifies working at height as one of its top enforcement priorities, and for good reason. In 2023 and 2024, falls from height accounted for a significant proportion of construction fatalities in Ireland. Yet many of these deaths and serious injuries are preventable with the right planning, equipment, and supervision. This guide explains what Irish law requires when work is carried out at height, what the most common failures are, and how to ensure your site is compliant. ## The Legal Framework The primary legislation governing work at height in Ireland is the Safety, Health and Welfare at Work (Work at Height) Regulations 2006 (S.I. No. 318/2006). These Regulations apply to all work at height, not just construction. However, construction sites are subject to additional requirements under the Safety, Health and Welfare at Work (Construction) Regulations 2013. The Work at Height Regulations 2006 set out a clear hierarchy of control measures that employers must follow. This hierarchy is not optional. You must work through it in order. **First: Avoid work at height altogether where reasonably practicable.** If a task can be done from ground level, it should be. Pre-assembling components on the ground before lifting them into position is a common example of avoiding work at height. **Second: Where work at height cannot be avoided, use work equipment or other measures to prevent a fall.** This means providing collective protection such as scaffolding, edge protection, or mobile elevated work platforms (MEWPs) before resorting to personal protective equipment. **Third: Where the risk of a fall cannot be eliminated, use work equipment or other measures to minimise the distance and consequences of a fall.** Safety nets, soft landing systems, and fall arrest harnesses fall into this category. The hierarchy is important because it reflects the principle that collective protection is always preferable to personal protection. A harness will only protect a worker if it is worn correctly, attached to a suitable anchor point, and the fall distance is within safe limits. Scaffolding protects everyone on the platform regardless of whether they are wearing PPE. ## What Counts as Work at Height? There is a common misconception that work at height only applies above a certain level, often cited as two metres. This is incorrect. The 2006 Regulations define work at height as work in any place, including a place at, above, or below ground level, where a person could be injured if they fell from that place. There is no minimum height threshold. This means that even working on a step ladder, at the edge of an excavation, or on a flat roof close to the perimeter is work at height. The risk assessment must consider the consequences of a fall, not just the height involved. ## Planning and Risk Assessment Before any work at height begins, a risk assessment must be carried out. This assessment must consider: - The nature of the work and how long it will last - The equipment to be used - The condition of the surface being worked on - The weather conditions, particularly wind and rain - The competence of the workers involved - The rescue plan if a worker falls or becomes suspended The risk assessment must be documented and communicated to all workers involved. It must also be reviewed if circumstances change, for example if the weather deteriorates or if the work takes longer than expected. ## Scaffolding Requirements Scaffolding is the most common form of collective fall protection on Irish construction sites. The Construction Regulations 2013 set out specific requirements for scaffolding, including: - Scaffolding must be designed, erected, altered, and dismantled by competent persons - A scaffold that could fall more than two metres must be erected under the supervision of a competent person - Scaffolding must be inspected before first use, after any event that may have affected its stability (such as high winds or an impact), and at intervals not exceeding seven days - Inspection records must be kept and made available to the HSA on request - Working platforms must be at least 600mm wide, fully boarded, and fitted with guardrails and toeboards A guardrail must be provided at the outer edge of any working platform where a person could fall more than two metres. The guardrail must be at least 950mm above the working platform, with an intermediate guardrail or other barrier to prevent a person from falling through the gap. ## Mobile Elevated Work Platforms MEWPs, including scissor lifts, boom lifts, and cherry pickers, are widely used on Irish construction sites. They provide a safe working platform for tasks that are too short in duration to justify erecting scaffolding. However, they carry their own risks and must be used correctly. Key requirements for MEWPs include: - Operators must be trained and competent. IPAF (International Powered Access Federation) training is the recognised standard in Ireland. - The ground conditions must be assessed before positioning the MEWP. Soft or uneven ground can cause the machine to tip. - Outriggers must be deployed where required and on firm, level ground. - Workers must wear a harness and attach it to the anchor point inside the basket. - MEWPs must not be used in wind speeds above the manufacturer's recommended limit. - The machine must be inspected before each use and maintained in accordance with the manufacturer's schedule. ## Ladders and Stepladders Ladders and stepladders are frequently misused on Irish construction sites. The law is clear: a ladder should only be used for low-risk, short-duration work where it is not reasonably practicable to use safer work equipment. The HSA guidance suggests that ladder use should generally be limited to tasks lasting no more than thirty minutes. Before using a ladder, the following checks must be made: - The ladder must be in good condition, with no cracked or missing rungs, no damaged stiles, and no loose or missing feet. - The ladder must be positioned at the correct angle: one unit out for every four units up (a 75-degree angle). - The ladder must be secured at the top, or if this is not possible, footed by a second person. - The ladder must extend at least one metre above the landing point if it is being used for access. - Workers must maintain three points of contact with the ladder at all times. Leaning ladders against fragile surfaces, using a ladder as a working platform for more than thirty minutes, or carrying heavy loads up a ladder are all practices that the HSA will take a dim view of during an inspection. ## Fragile Surfaces Working on or near fragile surfaces, such as roof lights, asbestos cement sheets, or corrugated metal roofing, is one of the most dangerous activities on a construction site. The Construction Regulations 2013 require that no person should pass across or work on or near a fragile surface unless suitable platforms, coverings, or other means of support are provided. Where fragile surfaces cannot be avoided, prominent warning signs must be displayed and workers must be made aware of the risk. Roof lights are a particular hazard because they can look the same as the surrounding roof material but will not support a person's weight. ## Common HSA Enforcement Issues Based on HSA inspection campaigns, the most frequently cited failures in relation to working at height on Irish construction sites are: - Lack of edge protection at roof level or on upper floors - Inadequate or poorly maintained scaffolding - Use of ladders for tasks that should be done from a scaffold or MEWP - Workers not wearing harnesses when working from MEWPs - No rescue plan in place for workers using fall arrest equipment - Failure to inspect scaffolding at the required intervals Any of these failures can result in an Improvement Notice or a Prohibition Notice from an HSA inspector. A Prohibition Notice stops work immediately and can have a significant impact on programme and costs. ## The Role of the PSCS On notifiable construction projects, the Project Supervisor for the Construction Stage (PSCS) has a specific responsibility to coordinate safety during the construction phase. This includes ensuring that working at height risks are properly managed across all contractors on site. The PSCS must ensure that the Construction Stage Safety and Health Plan addresses working at height, that all contractors have suitable risk assessments and method statements in place before starting work at height, and that the arrangements for managing working at height are communicated to all workers on site. ## Practical Checklist for Site Managers Before any work at height begins on your site, run through the following checks: - Has a risk assessment been completed and communicated to all workers? - Is the correct work equipment in place (scaffolding, MEWP, or other collective protection)? - Has the equipment been inspected and are the records up to date? - Are all workers competent to carry out the work at height task? - Is there a rescue plan in place? - Are weather conditions suitable? - Is there adequate supervision? Getting these basics right will not only keep your workers safe. It will also protect you from enforcement action and the significant costs, both financial and reputational, that follow a serious accident. If you need support with working at height risk assessments, PSCS appointments, or site safety inspections in Leinster, Safety Check can help. Contact us to discuss your project requirements.