Working at Height in Ireland: The Legal Hierarchy of Controls and Employer Duties

Working at height remains the single biggest cause of fatal injury in the Irish construction industry.

The Scale of the Problem

Working at height is the single biggest cause of fatal injury in the Irish construction industry. Year after year, falls from height account for the largest proportion of construction fatalities reported to the Health and Safety Authority. Falls from roofs, scaffolds, ladders, and through fragile surfaces kill and seriously injure construction workers across Ireland every year.

Many of these fatalities and serious injuries are preventable. They occur not because the risks are unknown or unmanageable, but because the legal requirements are not followed, the hierarchy of controls is not applied, or the equipment provided is inadequate or incorrectly used. Understanding the legal framework for working at height is the starting point for preventing these tragedies.

The Legal Framework

Working at height in Ireland is governed primarily by Part 4 of the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), which transposes the EU Temporary Work at Height Directive into Irish law. The Construction Regulations 2013 also contain specific provisions relating to working at height on construction sites.

The General Application Regulations define "work at height" as work in any place, including a place at or below ground level, where a person could be injured by falling. This definition is deliberately broad and includes work on roofs, scaffolds, ladders, mobile elevated work platforms (MEWPs), and any other elevated position. It also includes work adjacent to openings in floors, voids, and excavations where a person could fall.

The Hierarchy of Controls

The General Application Regulations require employers to apply a hierarchy of controls when planning and carrying out work at height. The hierarchy requires employers to:

Avoid work at height where possible. The first step is to consider whether the work can be done without working at height at all. Can the work be done from the ground using long-handled tools? Can prefabrication or off-site assembly reduce the amount of work at height required? Can the design of the structure be changed to eliminate the need for work at height during construction or maintenance?

Use work equipment or other measures to prevent falls. Where work at height cannot be avoided, the employer must use work equipment or other measures that prevent falls. The preferred measures are collective protection measures that protect all workers in the area, rather than individual protection measures that protect only the worker wearing them. Collective protection measures include edge protection (guardrails, toeboards, and intermediate rails), working platforms (scaffolds, MEWPs, and podium steps), and covers for openings and voids.

Use work equipment or other measures to minimise the distance and consequences of a fall. Where falls cannot be prevented, the employer must use work equipment or other measures to minimise the distance and consequences of a fall. These measures include safety nets, soft landing systems, and personal fall arrest equipment (harnesses and lanyards). These measures do not prevent falls but reduce the severity of the consequences if a fall occurs.

Specific Requirements for Common Work at Height Activities

Scaffolding. Scaffolding must be designed, erected, altered, and dismantled by competent persons. Scaffolds must be inspected by a competent person before first use, after any event that may have affected their stability (such as high winds or impact), and at intervals not exceeding seven days. Inspection records must be kept.

Ladders. Ladders may only be used for work at height where the use of other, safer work equipment is not justified because of the low risk and the short duration of use, or because of existing features of the site that cannot be changed. Ladders must be of suitable construction, must be secured to prevent movement, and must be used at the correct angle (approximately 75 degrees, or a ratio of 1 out to 4 up).

Mobile elevated work platforms. MEWPs must be operated by trained and competent operators. The ground conditions must be assessed before positioning a MEWP, and outriggers must be deployed where required. Workers using MEWPs must wear a harness attached to the anchor point in the basket.

Roof work. Roof work is one of the highest-risk work at height activities. The employer must assess the risk of falls through fragile roofing materials, including roof lights, asbestos cement sheets, and corroded metal sheets. Where fragile materials are present, the employer must provide suitable platforms, covers, or other measures to prevent workers from falling through them.

Conclusion

The legal requirements for working at height in Ireland are clear and the hierarchy of controls is well established. The persistent high rate of falls from height in the Irish construction industry reflects a failure to apply these requirements consistently in practice. Employers who invest in proper planning, suitable equipment, and competent supervision for work at height not only meet their legal obligations but protect their workers from the most serious hazard in the industry.