In
2005, new regulations came into force that impacted the way that all work at
height, including window cleaning would be carried out.
These regulations became law in the UK as a result of The European Work
at Height Directive, which aims to standardize work at height regulation
throughout the European community.
Why Were New Regulations Needed?
Working at height is, of course, inherently dangerous. The potential for
serious and even fatal injury from working at height is all too well illustrated
by the accident statistics compiled by The HSE.
Clearly, more needed to be done to prevent death and serious
injury among those trades that work at height.
It was found, for example, that approximatley two-thirds of all accidents
while working at height involved ladders.
How Do They Affect Window Cleaners?
Even before the regulations were published, the consultation document made
it clear that they would have a profound impact on window cleaners.
There
are few other trades where work at height, in particular the use of ladders,
plays such an integral part of the working process.
Put simply, the regulations say that if a task can reasonably be done without
the need to work at height, then it must be done that way.
They also require that when ladders are used (and a risk assessment must
show that work at height was unavoidable) then those ladders must be "secured".
The Regulations and Water-Fed Pole Systems
An obvious question that arises is how does the advent of water-fed pole systems
affect window cleaners in light of the new regulations? The answer is somewhat
complex.
It is now illegal to work at height where a risk assessment would show that it
is reasonably practical to complete the task from the safety of the ground.
Its a simple fact that the
vast majority of window cleaning work can now be done without the need to work
at height by using a water-fed pole system. As using a system is almost always
faster (and therefore more efficient) than using ladders, and can clean to greater
heights than is possible from ladders, it would be very hard to argue that using
a water-fed pole was not "reasonably practical" in the majority of cases.
This takes on a particularly serious dimension for employers who could be prosecuted
under the new regulations if their worker has an accident while using ladders
for a cleaning task that could have been done with water-fed pole.
The HSE has promised more guidance on what it would consider to be "reasonably
practcable" in the context of the regulations, but this has not yet been produced.
All Ladders Must Be "Secured" - What Does That Mean?
Schedule 6 of the regulations require that when ladders are used, they must
be "secured",
and then goes on to describe specifically how that is to be done.
1)"Securing
the Stiles"
For example, tying them using straps or chords to an existing structure
(eg scaffolding). This method is not practical for most window cleaning
2)"An effective anti-slip or other effective stability device"
For example a rojak stopper or ladder leveller. More than one device may
needed.
3)"Any other arrangement of equivalent effectiveness"
This may include having another person 'foot' the ladder as a last resort
Conclusion
There's no doubt that the 2005 regulations represent a significant tightening
up of work-at-height law. As such they will surely save many hundreds of window
cleaners from serious and even fatal injury, and this of course is to be welcomed.
They have served to speed up the trend towards the use of water-fed pole as the
main method of window cleaning, as well as focus the attention of window cleaners
and customers on safety.
However, the HSE has dragged its feet in providing much needed guidance for
trades like window cleaning, even though the regulations are now more than two
years old. The repeated and unhelpful use of the phrase "reasonably practicable" has
led to uncertainty and confusion amongst window cleaners about exactly what is
required of them. It has to be said that the HSE has consistently
failed to respond to calls for clarification.
PWC has and will continue
to monitor any developments regarding the Work at Height Regulations.

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