Working at height: what do the regulations say?

The use of work at height concerns many sectors of activity, and requires the implementation of an appropriate risk prevention approach. In this article, find out what you need to know to effectively prevent the risks of falls from height for your employees!

What is working at height?

Work at height is defined as the proximity of a worker to a vacuum. The risk of falling from a height is present whatever the height of the void or the duration of exposure.

As a result, a preventive approach to the risk of falling from a height must be put in place for all work situations in which the worker is at a height above the ground or close to a void.

| Although the French Labor Code does not provide a definition, it does specify that work at height must be performed from a safe working surface(Article R4323-58 C.Trav.).

🔎 Focus : In practice, proximity to the void can be materialized by the presence of a trapdoor, shaft, hopper, etc. (Article R4534-6 C.Trav.).

Working at heights is ubiquitous in certain sectors, such as construction and industry. However, it can also occur sporadically in all kinds of trades.

Example The simple recurrent use of a ladder or stepladder is considered work at a height (C.trav. Ladders, stepladders and steps (Articles R4323-81 to R4323-88).

ℹ Please note : All areas of the company where there is a risk of people falling must be visibly marked, and access to them must be restricted to authorized workers only (Article R4224-20 C.Trav.).

What are the risks of working at height?

Depending on the height of the fall and the impact, a fall from height can cause very serious injuries such as broken bones, severe physical trauma and even death.

What's more, these injuries can also lead to physical after-effects that have a direct impact on workers' health.

According to the Caisse nationale de l'assurance maladie (CNAM) 2022 annual report, falls from height accounted for 12% of workplace accidents in 2021 , nearly 4 million days of temporary incapacity and caused the death of 41 workers.

How do you set up a risk prevention program for working at height?

Assessing occupational risks

The approach to preventing the risk of falls from height is based on the general principles of risk prevention, and begins with an assessment of the said risk (article L4121-2 C. trav.).

Employers must therefore first identify all work situations in which their employees are exposed to the risk of falling from a height.

This analysis can be carried out in a methodical way, by observing each sector of the company's activity, each department, each workstation, and so on.

Once the work situations have been identified, the employer must assess the risk of falling from a height, as well as any other risks present in the work situation.

This assessment must take into account factors such as :

• the height of the void;
• tasks to be performed;
• dimensions of the workspace ;
• work equipment used;
• circulation at the workstation ;
• environmental conditions of the work situation (temperature, noise, slippery floor, etc.);
• ...

The results must be recorded in the DUERP (document unique d'évaluation des risques professionnels).

Avoiding risks

To avoid the risk of falling from heights, the employer must take action primarily on workplace design and production methods.

It is also possible to limit the number of workers at workstations at risk of falling from height. This solution not only avoids risks for some workers, but also limits overactivity on these workstations.

Examples :

• work on the ground whenever possible;
• lighten tasks to limit the number of workers ;
• reorganize production ;
• create new workstations to separate tasks ;
• ...

What risk prevention measures should be put in place when working at height?

Fitting out workstations at height

The first regulatory obligation is to fit out workstations at height to ensure the health and safety of workers(Article R4323-58 C.Trav.).

Thus, all workstations at height must be equipped with (article R4323-59 C. trav.) :

• or a guardrail, between 1 m and 1.10 m high, with a 10 to 15 cm stop plinth, a handrail and an intermediate rail at mid-height;
• or another means of protection providing equivalent safety.

When the use of a guardrail is impossible due to the specific nature of the workstation or temporary organizational constraints, the use of protective netting (mainly netting in large sheets and netting on brackets) may be considered(Article R4323-60 C.Trav.).

Finally, when no collective protective equipment (CPE) can be installed, the risk of falling from a height must be prevented by using personal protective equipment (PPE) such as a fall arrest system (Article R4323-61 C.Trav.).

Organizing workstation traffic at height

It must be possible to move around a workstation at height safely, and passage in either direction must not create a risk of falling(Article R4323-67 C.Trav.).

To ensure good circulation, the employer must adapt and organize the workstation and access to it, taking into account the following points in particular

• traffic frequency;
• the height to be reached;
• duration of use ;
• the dimensions of the station and its accesses;
• the number of workers at the workstation.

In addition, movement around a workstation at height must not lead to the interruption of collective protection equipment (Article R4323-65 C.Trav.). If necessary, equivalent protective measures must be put in place.

Training workers

Worker training is a key factor in risk prevention when working at height.

Adequate, in-depth training ensures that workers are fully aware of the risks involved in this type of workstation. Furthermore, a properly trained worker will be able to adapt his or her attitude to the risk of falling, or react correctly in difficult situations.

General safety training must include training in working at heights and the risk of falling from heights for all workers required to work at such workstations(article L4141-2 C. trav.).

In addition, there are specific training courses for the use of certain personal protective equipment (PPE) intended for work at height, in particular for :

• the use of fall arrest systems;
• installation and use of scaffolding(article R4323-69 C. trav.) ;
• the use of rope access and positioning techniques(article R4323-89 C. trav.).

What equipment is used to prevent the risk of falling from heights?

Collective protection equipment (CPE)

When working at height, a wide range of collective protection equipment is available to ensure a safe workstation:

• guardrails (article R4323-59 C. trav.) ;
• fall arrest nets (article R4323-87 C. trav.) ;
• work platforms ;
• fixed ladders (article R4323-87 C. trav.) ;
• scaffolding (article R4323-77 C. trav.) ;
• ...

🔎 Focus : Fixed ladders must be at least 1 m longer than the workstation access level (article R4323-87 C. trav.).

Where collective protective equipment can be used, it must be given priority over personal protective equipment (Article R4323-62 C.Trav.).

Personal protective equipment (PPE)

For work at height, PPE is used when no EPC can be used or when EPC does not provide sufficient protection(Article R4323-61 C.Trav.).

The following is a non-exhaustive list of PPE for working at heights:

• fall arrest systems (fall arrest harnesses, lanyards, automatic return devices, etc.)(Article R4323-61 C.Trav.) ;
• aerial work platforms ;
• rope access and positioning techniques (article R4323-89 C. trav.) ;
• ladders, stepladders and steps(Article R4323-81 C.Trav.) ;
• ...

⚠️ Warning : the use of ladders, stepladders and steps must be short-term and non-repetitive (Article R4323-63 C.Trav.).

What is the employer's liability in the event of a fall from height?

The employer may be held civilly and criminally liable, in particular when :

• risk prevention measures are insufficient (Cass, crim,11 juin 2014, 13-85.601,) ;
• workers are endangered (article 121-3 C. pén.) ;
• a worker is injured or killed in the course of his or her work (Article 222-20 C.pén. and Article 221-6 C.pén.).

⚠️ Attention : As part of an inspection, the Labour Inspectorate may order the temporary stoppage of the part of the work or activity in question, particularly if it finds that there is a lack of protection against falls from a height (Article L4731-1 C.Trav.).

Example In this case, a worker fell through a hopper without a guardrail (Cass, crim,June 11, 2014, 13-85.601,).

The hopper opened onto a staircase, and the fall caused the worker to fracture his pelvis.

Given the impossibility of installing a guardrail at this stage of the work, the employer should have taken protective measures equivalent to the guardrail.

A sheet of plywood had been placed over the hopper to prevent the risk of falling. However, as it had not been fixed to the floor, it could be removed, causing the accident.

The employer is therefore considered liable, as the safety measures were not properly implemented in accordance with article R4534-6 C.Trav..

To remember:

❖ Prevention of work at height is necessary whenever a worker is exposed to a vacuum, regardless of the height of said vacuum ;

❖ All workstations at height and openings to the void must have guardrails or equivalent protection ;

❖ Equipment for working at height must, as a priority, provide collective protection;

❖ The use of personal protective equipment requires appropriate training.