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

Quick Answer: The Work at Height Regulations 2005 (SI 2005/735) apply to all work at height where a person could be injured from a fall. Key obligations: avoid work at height where possible; use collective protection before personal protection; ensure equipment is suitable, inspected, and maintained; appoint competent persons for planning, supervision and inspection. Scaffolding must be inspected before first use and at least every 7 days thereafter.

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

Quick Reference Table: Scaffolding Inspection Triggers

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Trigger Action Required Record Required?
Before first use on site Full inspection by competent person Yes — Schedule 7 format
After any substantial addition/alteration Full inspection Yes
After any event affecting stability Full inspection (e.g. after storm, vehicle strike) Yes
Every 7 days during use Full inspection Yes
Pre-use (each working day/shift) User check — not a formal inspection No (good practice to log)

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:

Duty Holder Obligations

Employers and controlling persons:

Principal contractors (CDM):

Scaffolding contractors:

Users of scaffolding (other trades):

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:

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):

Guard rails (Schedule 2, Reg 6):

Passing over fragile surfaces:

Ladders and Access

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

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