The Work at Height Regulations 2005

Application

3.—(1) These Regulations shall apply—

(a) in Great Britain; and

(b) outside Great Britain as sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001(1).

(2) The requirements imposed by these Regulations on an employer shall apply in relation to work—

(a) by an employee of his; or

(b) by any other person under his control, to the extent of his control.

(3) The requirements imposed by these Regulations on an employer shall also apply to—

(a) a self-employed person, in relation to work—

(i) by him; or

(ii) by a person under his control, to the extent of his control; and

(b) to any person other than a self-employed person, in relation to work by a person under his control, to the extent of his control.

(4) Regulations 4 to 16 of these Regulations shall not apply to or in relation to—

(a) the master and crew of a ship, or to the employer of such persons, in respect of the normal ship-board activities of a ship’s crew which—

(i) are carried out solely by the crew under the direction of the master; and

(ii) are not liable to expose persons at work other than the master and crew to a risk to their safety;

(b) a place specified in regulation 7(6) of the Docks Regulations 1988(2) where persons are engaged in dock operations;

(c) a place specified in regulation 5(3) of the Loading and Unloading of Fishing Vessels Regulations 1988(3) where persons are engaged in fish loading processes; or

(d) 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.

(5) Regulation 11 of these Regulations shall not apply to an installation while regulation 12 of the Offshore Installations and Wells (Design and Construction, etc) Regulations 1996(4) apply to it.

(6) In this regulation—

(a) “caving” includes the exploration of parts of mines which are no longer worked;

(b) “climbing” includes traversing, abseiling or scrambling over natural terrain or man-made structures;

(c) “ship” includes every description of vessel used in navigation, other than a ship which forms part of Her Majesty’s Navy.

(1)

S.I. 2001/2127.

(2)

S.I. 1988/1655, to which there are amendments not relevant to these Regulations.

(3)

S.I. 1988/1656.

(4)

S.I.1996/913.