44Control of risk

44 Control of risk

(1) An employer must, so far as is reasonably practicable, eliminate any risk associated with a fall at the workplace.

An employer might arrange for an employee or contractor who is required to undertake a task that involves a risk associated with a fall to undertake the task on the ground or on a solid construction that has no risk associated with a fall. (See the definition of solid construction in regulation 5*.*)

(2) If it is not reasonably practicable to eliminate a risk associated with a fall, the employer must reduce the risk so far as is reasonably practicable by using a passive fall prevention device.

Examples of a passive fall prevention device are given in the definition of that term in regulation 5.

(3) If it is not reasonably practicable to reduce a risk associated with a fall in accordance with subregulation (2), the employer must reduce the risk so far as is reasonably practicable by using a work positioning system.

See the definition of work positioning system in regulation 5.

(4) If it is not reasonably practicable to reduce a risk associated with a fall in accordance with subregulation (2) or (3), the employer must reduce the risk so far as is reasonably practicable by using a fall arrest system.

Examples of a fall arrest system are given in the definition of that term in regulation 5.

(5) If it is not reasonably practicable to reduce a risk associated with a fall in accordance with subregulation (2), (3) or (4), the employer must reduce the risk so far as is reasonably practicable by using—

(a) a fixed or portable ladder in accordance with regulation 45; or

(b) administrative controls.

1. Act compliance— section 21 (see regulation 7).
2. Part 4 of the Act sets out the duty of the employer to consult with employees, including in respect of making decisions about the measures to be taken to control risks to health or safety. This consultation must involve the health and safety representative (if any). See also regulation 21.