A progress report from AAIAC's Work at Height Working Group.

On March 16th 2005 Jane Kennedy, as Minister for Work and Pensions, signed the Work at Height Regulations and in the process excluded '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'. This was a temporary arrangement that would give HSE and the adventure activity sector sufficient time to find an appropriate way to comply with the E.U. Directive without undermining existing good practice, the sports of climbing, caving and related activities and the industry that supports them. AAIAC's Working Group believes that such a solution appears to be forthcoming and this note is to inform the sector on the progress made so far.

Firstly we should point out that the Work at Height Regulations 2005 has developed in the light of the consultation of December 04 (see www.opsi.gov.uk/si/si2005/20050735.htm. Our comments relating to Fragile Surfaces have been incorporated and other elements such as working in adverse weather conditions have, in our view, been improved. Significantly the generic guidance that was part of the consultation has been removed entirely and again from our point of view this was a helpful development. There are one or two outstanding questions over the Regulations and HSE are currently seeking further legal advice but we feel that they are likely to be resolved to our satisfaction.

During the autumn of 2005 we arranged a visit with HSE to Ullswater OB to discuss ropes courses and other 'peripheral' activities i.e. work that does not have obvious governing body good practice. HSE subsequently undertook a study titled 'Work at Height Regulations 2005: Report of Pilot Mapping Exercise Findings - December 2005' which as Anne Vowles 'reassures me for the first time that HSE have an understanding of the safety measures used when adventure activity workers are 'working at height' and believe that these are satisfactory if carried out properly.' The report has been signed by the Minister and we consider this report to be a clear endorsement by a group of senior HSE staff that following governing body good practice will ensure compliance with the Work at Height Regulations.

Work is now underway to produce a shared statement on the rationale for using single ropes in our activities and we also are considering the value of a generic risk assessment that HSE will feel able to endorse. We have a meeting scheduled for 9th March with the new Minister for Work and Pensions, Lord Philip Hunt, at which we will discuss the progress made so far.

HSE believe that Regulations will need to be passed to bring adventure activities back in to the general Work at Height Regulations. While the Working Party have some outstanding issues to resolve we are pleased with the recent progress that has been made and can see that this may prove to be a satisfactory outcome if the associated guidance strongly endorses the adventure activity sector and governing body good practice. We aim to keep you informed of any developments and understand that HSE are bound to carry out a consultation exercise, which will allow everyone to comment in preparation for any such Regulation.

The Work at Height Working Party comprises: Anne Vowles, Brian Lamb, Charlotte Edward, Doug Jones, John Cousins, Jon Garside, Marcus Bailie, Simon Waring and Tom Redfern.

« Back