Work at Height Regulations 2005: Duty Holder Obligations, Risk Assessment and Inspection Requirements for Scaffolding

Summary

The Work at Height Regulations 2005 are the primary legislation governing work at height in the UK, including all scaffolding operations. They implement the EU Temporary Work at Height Directive (2001/45/EC) and replace a patchwork of earlier provisions scattered across the Construction (Health, Safety and Welfare) Regulations 1996, the Workplace (Health, Safety and Welfare) Regulations 1992, and others.

The Regulations apply to employers, the self-employed, and anyone who controls others who work at height. In the construction context this means principal contractors, scaffolding subcontractors, and clients who take an active role in managing work. It is not possible to contract out of compliance — delegating scaffold erection to a subcontractor does not remove the principal contractor's own WAH obligations.

The key principle underpinning the Regulations is a hierarchy of control: avoid work at height where reasonably practicable; if it cannot be avoided, use collective protection (guardrails, platforms, nets); only use personal fall protection (harnesses, lanyards) where collective protection is not reasonably practicable. This hierarchy directly shapes how scaffolding is designed and how erection sequences are planned.

Key Facts

• SI 2005/735 — Statutory Instrument number for the Work at Height Regulations 2005
• Who it applies to — employers, self-employed persons, and persons who control the work of others at height
• Hierarchy of control — (1) avoid; (2) prevent falls with collective protection; (3) mitigate fall consequences with arrest/restraint
• Competent person — all planning, organisation, and supervision of work at height must be entrusted to a competent person
• Equipment inspection — all work equipment used at height (scaffolds, ladders, MEWPs) must be inspected by a competent person
• Scaffold inspection frequency — before first use, after assembly, after any event likely to affect stability (e.g. severe weather), and at least every 7 days during use
• Inspection record — must be in writing, retained until next inspection, and available on site
• Schedule 7 inspection — the Regulations include a Schedule 7 specifying minimum inspection report content
• Pre-use checks — daily/shift pre-use checks by the user are required but are separate from formal inspections
• BS 8411 — Code of Practice for the management of scaffolding; provides detailed guidance on WAH Regs compliance
• Notifiable scaffolds — scaffolds to be used at any time for a period of more than 7 calendar days require formal inspection and records
• Fragile surfaces — specific duties around fragile roofs and surfaces; no person should pass over or work on a fragile surface without proper support

Quick Reference Table: Scaffolding Inspection Triggers

Detailed Guidance

The Hierarchy of Control

Regulation 6 establishes the hierarchy that must be followed:

Step 1: Avoid Can the work be done from ground level? Can a long-handled tool, a drone survey, or a MEWP operating from an accessible area achieve the same result without a person being at height? If yes, this is the preferred option.

Step 2: Prevent falls (collective protection) If work at height is unavoidable, use collective protection: guardrails, working platforms, nets, airbags. Scaffolding is the primary collective protection measure for most construction work at height. It protects everyone in the area without requiring individual action.

Step 3: Arrest/mitigate falls (personal protection) Only when collective protection is not reasonably practicable should personal fall protection (harnesses, fall arrest lanyards, inertia reels) be used. This step is last resort, not first choice. Using harnesses instead of guardrails because guardrails are inconvenient is not compliant.

In scaffolding operations, this hierarchy shapes erection practice:

• Advanced guardrail systems (fitting top guardrails before stepping onto the new lift) implement the hierarchy at erection
• NASC SG4:22 documents how to apply the hierarchy during scaffold erection, alteration, and dismantling

Duty Holder Obligations

Employers and controlling persons:

• Must ensure all work at height is properly planned, supervised, and carried out safely
• Must ensure equipment is suitable for purpose, properly maintained, and inspected
• Must entrust planning and supervision to competent persons

Principal contractors (CDM):

• Must satisfy themselves that scaffolding subcontractors are competent (CISRS cards, NASC membership)
• Must ensure scaffolds are not used until inspected and signed off
• Must maintain scaffold inspection records in the construction phase plan

Scaffolding contractors:

• Must plan the sequence of erection/alteration/dismantling to minimise time at height
• Must use SG4:22 advance guardrail methods during erection
• Must inspect before handover and issue a handover certificate
• Must retain inspection records for a minimum of the duration of use

Users of scaffolding (other trades):

• Must carry out a pre-use check at the start of each working day or shift
• Must not modify, overload, or remove components of a scaffold
• Must report any damage or concern to the responsible scaffolding contractor

Scaffold Inspection Under Schedule 7

Regulation 12 requires formal inspection of work equipment before first use, after assembly, and at intervals not exceeding 7 days. The inspection report must include the information specified in Schedule 7:

1. Name and address of the person for whose undertaking the inspection was carried out
2. Location of the work equipment inspected
3. Description of the work equipment
4. Date and time of inspection
5. Details of matters identified
6. Details of action taken as a result
7. Details of further action considered necessary
8. Name and position of person making the report

The report must be provided to the person on whose behalf the inspection was carried out before the end of the working period during which it was made. It must be kept available for inspection until the next inspection.

For scaffolds used on a site for longer than 7 days, inspections must continue at 7-day intervals for the entire duration of use.

Competent Persons for Scaffolding

The Regulations require that all planning, supervision, and inspection be done by competent persons. For scaffolding, competence is demonstrated by:

• Erection/alteration/dismantling — CISRS Scaffolder or above (Advanced Scaffolder for complex configurations)
• Formal inspections — CISRS Advanced Scaffolder or above; in practice many firms use their CISRS Scaffolding Supervisor
• Planning/design — CISRS Advanced Scaffolder for TG20-scope scaffolds; structural engineer for non-standard scaffolds
• Management — CISRS Scaffolding Manager or experienced contractor with equivalent demonstrated competence

NASC guidance in TG20:21 and SG4:22 provides more detailed competence requirements for specific scaffold types.

Specific Provisions for Scaffolding

Working platforms (Schedule 2):

• Must be of sufficient size for the work and equipment
• Must be sufficiently stiff to support loads likely to be placed on them
• Must be stable and not liable to displacement
• Edges must have guardrails (top rail ≥950mm above platform edge, intermediate rail not more than 470mm below top rail, toeboard ≥150mm)

Guard rails (Schedule 2, Reg 6):

• Top guardrail minimum 950mm above working platform
• Intermediate guardrail positioned so no gap exceeds 470mm
• Toeboard minimum 150mm high
• All capable of resisting 0.74 kN/m horizontal load (soft barrier) or equivalent

Passing over fragile surfaces:

• Where a scaffold is erected adjacent to or over a fragile roof or surface, measures must be taken to prevent persons from falling through (platforms, netting under fragile surfaces)

Ladders and Access

The WAH Regulations also govern ladder use on scaffolding sites. Key rules:

• Ladders preferred only when assessment shows collective protection not reasonably practicable (Reg 6 hierarchy applies to ladder selection too)
• Three points of contact — a safe place to rest the ladder with a 75° pitch (1:4 ratio — 1 out for every 4 up)
• Tied or footed — ladders must be secured at top or footed at base; not simply resting
• Access tower ladders — properly fixed internal/external staircase preferred for scaffold access when multiple trades using repeatedly
• Maximum rung spacing — no specific number in the Regs, but ≤ 225mm is standard per BS 2037

Frequently Asked Questions

Do the WAH Regulations apply to work on a roof?

Yes. Any work where a person could fall and be injured is covered, regardless of height above ground. There is no minimum height threshold in the Regulations (unlike the old 2 metre rule in previous legislation). Even a fall of less than 2 metres can cause serious injury or death.

Who is responsible for scaffold safety — the scaffolding contractor or the principal contractor?

Both. The scaffolding contractor is responsible for design, erection, inspection, and condition of the scaffold. The principal contractor is responsible for ensuring the scaffold has been inspected, that it is not modified or overloaded by other trades, and that it remains safe throughout its use. Other trades using the scaffold have their own duty to carry out pre-use checks and not modify the structure.

Is a 7-day inspection required if the scaffold is not being used?

The Regulations require inspection "at suitable intervals". If the scaffold is erected but not being used (e.g. during a prolonged site shutdown), formal inspections at 7-day intervals are still good practice and are required before resuming use. An inspection immediately before resuming work after any break of more than 7 days is the minimum expected.

What documentation is needed for a scaffold inspection?

The inspection report must contain all information specified in Schedule 7 (see above). The TG20:21 inspection form (Appendix A) is specifically designed to meet Schedule 7 requirements and is widely used. The report must be retained until the next inspection and available on site.

Can I use a MEWP instead of a scaffold to avoid WAH complexity?

A MEWP (Mobile Elevated Work Platform) is still work equipment used at height and is subject to the WAH Regulations. The hierarchy of control still applies — avoid first, collective protection next. For repetitive or long-duration access, scaffold may offer better collective protection than individual MEWP use. MEWPs have their own inspection, operator training (IPAF card), and pre-use check requirements.

Regulations & Standards

• Work at Height Regulations 2005 (SI 2005/735) — primary legislation; schedules cover equipment suitability, guardrails, ladders, fragile surfaces

• Construction (Design and Management) Regulations 2015 (SI 2015/51) — overlaps with WAH for construction projects; duty holder competence

• BS 8411:2007+A1:2010 — Code of practice for the management of scaffolding used in construction

• BS EN 12811-1:2003 — Performance requirements and general design for scaffolds

• NASC SG4:22 — Preventing Falls in Scaffolding and Falsework; implements WAH hierarchy for erection sequences

• NASC TG20:21 — Tube and fitting scaffold design guidance; used by competent persons for scaffold design

• HSE HSG150 — Health and Safety in Construction; WAH guidance within broader construction context

• Work at Height Regulations 2005 — legislation.gov.uk — full text of the Regulations including all schedules

• HSE Work at Height guidance — HSE official guidance and free ACoP

• HSE Scaffolding — HSE-specific scaffolding guidance

• NASC SG4:22 — Preventing Falls — NASC fall prevention guidance document

• nasc membership requirements — NASC audit compliance requirements for scaffolding contractors

• cisrs card scheme — competence requirements for scaffolders under WAH Regs

• scaffold inspection records — Schedule 7 inspection records and handover certificates

• scaffold edge protection — guardrail specifications under WAH Regs Schedule 2