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Working at Height Directive - common sense wins the day!

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 UKC News 17 Mar 2005
The long-running Working at Height Directive saga has finally come to an end and its good news for climbers. Below is the press release from a couple of days ago.

Thanks are due to all those on ROCKTALK who contributed to the debate and supported the campaign which has led to this successful outcome.

UKC News - http://www.ukclimbing.com/news/

___________________________________________________________

PRESS RELEASE

MARCH 15TH 2005

COMMON SENSE ABOVE AND BELOW

OUTDOOR ADVENTURE SECTOR WELCOMES RESOLUTION OF WORKING AT HEIGHTS IMPASSE


Representatives of over forty organisations in the outdoor adventure sector have welcomed a decision in principle by Minister Jane Kennedy to allow for the development of sector specific Temporary Working at Heights Directive regulations in relation to specified adventure activities such as climbing and caving.

The sector and MPs had lobbied the Minister following lengthy negotiations with the Health and Safety Executive, on the grounds that the Directive was not aimed at sporting activities, and that imposing it in its entirety could have severe and damaging effects on safety and businesses.

Alistair Burt MP for North East Bedfordshire accompanied John Cousins and Doug Jones of Mountain Leader Training UK , Tom Redfern of the British Caving Association and Brian Lamb of the Institute of Outdoor Learning to a meeting with the Minister and Health and Safety Commission Chairman Bill Callaghan on March 8th.

Alistair Burt MP said “We are very pleased with the outcome. The sector always recognised the point of the Directive in relation to those whose work temporarily involved working above ground, as in scaffolding or construction, but felt very strongly that it was never intended for sport. This view is held throughout the EU, and was confirmed in a legal opinion prepared for the Minister last November, which offered the opportunity that we had been seeking of allowing National Governing Bodies in climbing and caving to remain the key guardians of safety, a responsibility they have exercised superbly over the years.

This decision finally lays to rest the threat which had hung over the sector of inappropriate safety provisions applying to mountain training and mountain surfaces. It is a victory for common sense, and we are grateful to Jane Kennedy for her understanding of the situation”

John Cousins, Executive Director of Mountain Leader Training UK said “we set out to ensure that adventure activity providers could continue their activities unhindered and believe that the proposal to except us from specific elements of the Regulations is an excellent outcome. We are grateful to everyone who has made their views known and for the support of the media and politicians, especially Alistair Burt and Jane Kennedy. We can return to the business of developing good practice and enjoying our sports.”

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Anonymous 17 Mar 2005
In reply to UKC News:

Gosh, what a bitter disappointment. Extraordinary that you should be under the impression this is good news for climbers, though.

jcm
 John Alcock 17 Mar 2005
In reply to Anonymous:
Here's the offiical government press release:
HSA9345 4 GNN 1227 Government News Network
1 LEGAL Heights

WORK AT HEIGHT REGULATIONS LAID IN PARLIAMENT

HEALTH AND SAFETY EXECUTIVE News Release (C008:05) issued by the Government
News Network on 17 March 2005

New regulations on work at height will come into force on 6 April 2005, the
Health and Safety Commission (HSC) announced today.
The Work at Height Regulations 2005 consolidate previous legislation on working
at height and will implement European Council Directive 2001/45/EC concerning
minimum safety and health requirements for the use of equipment for work at
height (the Temporary Work at Height Directive or TWAHD).
The Regulations will apply to all work at height where there is a risk of a
fall liable to cause personal injury. They place duties on employers, the
self-employed, and any person that controls the work of others to the extent of
their control (for example facilities managers or building owners who may
contract others to work at height). The Regulations will not apply to the
provision of instruction or leadership in caving or climbing by way of sport,
recreation, team building or similar activities.
The Regulations will require duty holders to ensure:
all work at height is properly planned and organised;
those involved in work at height are competent;
the risks from work at height are assessed and appropriate work equipment is
selected and used;
the risks from fragile surfaces are properly controlled; and
equipment for work at height is properly inspected and maintained.
The Regulations include Schedules giving requirements for existing places of
work and means of access for work at height, collective fall prevention (e.g.
guardrails and working platforms), collective fall arrest (e.g. nets, airbags
etc), personal fall protection (e.g. work restraints, fall arrest and rope
access) and ladders.
Elizabeth Gibby, Head of the Health and Safety Executive's (HSE's) Injuries
Reduction Programme, said: In 2003/4 falls from height accounted for 67 fatal
accidents at work and nearly 4,000 major injuries. They remain the single
biggest cause of workplace deaths and one of the biggest causes of major injury.
Preventing falls from height is a central part of HSE's Injuries Reduction
Programme and these Regulations will provide the cornerstone for this programme
to improve standards for work at height and thereby reduce deaths and injuries.
These Regulations set out a simple hierarchy for managing and selecting
equipment for work at height. Duty holders must:
avoid work at height where they can;
use work equipment or other measures to prevent falls where they cannot avoid
working at height; and
where they cannot eliminate the risk of a fall, use work equipment or other
measures to minimise the distance and consequences of a fall should one occur.
She added: The Regulations cover a wide range of industries and activities but
we have developed some simple messages which we want to communicate to all
industries. Our key messages are:
those following good practice for work at height now should already be doing
enough to comply with these Regulations;
follow the risk assessments you have carried out for work at height
activities and make sure all work at height is planned, organised and carried
out by competent persons;
follow the hierarchy for managing risks from work at height - take steps to
avoid, prevent or reduce risks; and
choose the right work equipment and select collective measures to prevent
falls (such as guardrails and working platforms) before other measures which may
only mitigate the distance and consequences of a fall (such as nets or airbags)
or which may only provide personal protection from a fall.
HSE will publish a simple guide to the Regulations. It will also promote the
key messages with industry sectors and encourage them to review and develop
their own specific guidance and advice for work at height.
The Work at Height Regulations 2005 (S.I.2005 No 735 will be accessible shortly
via the HMSO website
Printed copies are published by The Stationery Office Ltd (TSO). For further
details, please contact TSO, tel: 0870 6005522; fax: 0870 600 5533; e-mail
customer.servicestso.co.uk
Copies of HSE's simple guide to the Regulations will be available shortly and
will be free to download or from HSE Books, PO Box
1999, Sudbury, Suffolk CO10 2WA, tel: 01787 881165 or fax: 01787 313995.
NOTES TO EDITORS
1. HSC published a Consultative Document (CD192) in December 2003, setting out
proposals for the Work at Height Regulations (see press notice: C068:03 of 4
December 2003 ) Following this
and a further consultation on the retention of specific requirements on work at
or above 2 metres the Regulations were agreed by HSC on 11 January 2005. The
results of these consultations are available). The Regulations were submitted to the
Department for Work and Pensions on 21 January 2005 for Ministers to sign and
were laid before Parliament on 16 March 2005.
2. The Regulations will not apply to 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. The Temporary
Work at Height Directive applies to all employees and all sectors; HSC is in
discussion with representatives from this sector on the development of separate
regulations for these activities. The main Work at Height Regulations will still
apply to the providers of these activities when engaged in other work at height
activities.
3. The Regulations implement Council Directive 2001/45 EC on the minimum safety
and health requirements for the use of work equipment by workers at work (the
Temporary Work at Height Directive). This is the second amendment to the Use of
Work Equipment Directive (89/655/EEC).
4. The Use of Work Equipment Directive was significantly updated by the 1st
amending Directive of (95/63/EC) which was implemented by the Provision and Use
of Work Equipment Regulations 1998 and the Lifting Operations and Lifting
Equipment Regulations 1998. The Work at Height Regulations will mirror these
requirements with respect to the inspection and use of work equipment for work
at height.
5. The Regulations repeal Section 24 of the Factories Act 1961 and make
amendments to:
The Shipbuilding and Ship-repairing Regulations 1960 S.I. 1960/1932, amended
by S.I. 1983/644 and 1998/2307
The Docks, Shipbuilding etc. (Metrication) Regulations 1983 S.I. 1983/644
The Docks Regulations 1988, S.I. 1988/1655
The Loading and Unloading of Fishing Vessels Regulations 1988 S.I. 1988/1656
The Workplace (Health, Safety and Welfare) Regulations 1992 S.I. 1992/3004
The Construction (Health, Safety and Welfare) Regulations 1996 S.I.1996/1592
PUBLIC ENQUIRIES: Call HSE's InfoLine, tel: 0845 345 0055, or write to: HSE
InfoLine, Caerphilly Business Park, Caerphilly CF83 3GG.
PRESS ENQUIRIES: Journalists only: Karen Eldridge 020 7717 6219,
Out of hours 020 7928 8382.
HSE information and press releases can be accessed on the Internet:
http://www.hse.gov.uk
Ends
171748 MAR 05


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