Statutory Instruments
2007 No. 114
health and safety
The Work at Height (Amendment) Regulations 2007
Made
23rd January 2007
Laid before Parliament
26th January 2007
Coming into force
6th April 2007
The Secretary of State for Work and Pensions makes these Regulations —
(a) in exercise of the powers conferred upon him by sections 15(1) and 82(3)(a) of the Health and Safety at Work etc. Act 1974( 1 ) (“the 1974 Act”), and
(b) for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act.
Before submitting proposals for these Regulations, the Health and Safety Commission has consulted the bodies that appear to it to be appropriate, as required by section 50(3) of the 1974 Act.
Citation and commencement
1. These Regulations may be cited as the Work at Height (Amendment) Regulations 2007 and shall come into force on 6 th April 2007.
Amendment of the Work at Height Regulations 2005
2.The Work at Height Regulations 2005( 2 ) are amended in accordance with the following provisions of these Regulations.
3. In regulation 3 (application) —
(a) in paragraph (4) —
(i) at the end of sub-paragraph (b), insert “or”; and
(ii) omit sub-paragraph (d) and the word “or” preceding it; and
(b) in paragraph (6), omit sub-paragraphs (a) and (b).
4. After regulation 14 (duties of persons at work), insert —
“ Special provision in relation to caving and climbing
14A. —(1) Paragraph (2) applies in relation to the application of these Regulations to work concerning the provision of instruction or leadership to one or more persons in connection with their engagement in caving or climbing by way of sport, recreation, team building or similar activities.
(2) Where this paragraph applies, an employer, self-employed person or other person shall be taken to have complied with the caving and climbing requirements, if, by alternative means to any requirement of those requirements, he maintains in relation to a person at such work as is referred to in paragraph (1) a level of safety equivalent to that required by those requirements.
(3) For the purposes of paragraph (2), in determining whether an equivalent level of safety is maintained, regard shall be had to —
(a) the nature of the activity;
(b) any publicly available and generally accepted procedures for the activity; and
(c) any other relevant circumstances.
(4) In this regulation —
(a) “caving” includes the exploration of parts of mines which are no longer worked;
(b) “climbing” means climbing, traversing, abseiling or scrambling over natural terrain or man-made structures; and
(c) “the caving and climbing requirements” means regulation 8(d)(ii), so far as it relates to paragraph 1 in Part 3 of Schedule 5, and that paragraph. ” .
5. In paragraph 1 of Part 3 of Schedule 5 —
(a) at the beginning, insert “Except as provided in paragraph 3,”; and
(b) in sub-paragraph (a), omit “subject to paragraph 3”.
Signed by authority of the Secretary of State for Work and Pensions.
Bill McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
23rd January 2007
1974 c.37 . Sections 15 and 50 were amended by the Employment Protection Act 1975 (c.71) Schedule 15, paragraphs 6 and 16 respectively.