Work at Height: What Do the Regulations Say?

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Working at height is common in many sectors and requires an adequate risk prevention approach. In this article, find out what you need to know to effectively prevent fall from height risks for your employees!

What is working at height?

Working at height is defined by a worker's proximity to an open edge. The risk of falling from a height is present regardless of the height of the void or the duration of exposure.

Therefore, a fall from height prevention approach must be implemented for all work situations where the worker is at an elevated position relative to the ground or near an open edge.

| Indeed, even if the Labor Code does not provide a definition, it specifies that work at height must be carried out from a secure work platform (Article R4323-58 C.Trav.).

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

Working at height is ubiquitous in certain sectors such as construction and public works (BTP) or industry. However, it can also occur sporadically in all types of jobs.

Example : The regular use of a ladder or stepladder is considered work at 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 (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 fractures, significant physical trauma, or even be fatal to workers.

Furthermore, these injuries can also lead to physical after-effects that directly impact workers' health.

According to the 2022 annual report from the National Health Insurance Fund (CNAM),  falls from height accounted for in 2021 12% of workplace accidents, nearly 4 million days of temporary incapacity, and caused the death of 41 workers.

How to implement a risk prevention approach for work at height?

Assess occupational risks

The approach to preventing falls from height is based on general risk prevention principles and begins with assessing said risk (Article L4121-2 of the Labor Code).

Thus, the employer must first identify all work situations where employees are exposed to the risk of falling from height.

This analysis can be carried out methodically by observing each business sector, department, workstation, etc. within the company.

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

This assessment must notably take into account elements such as:

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

The results must be recorded in the single document for the evaluation of professional risks (DUERP).

Avoiding risks

To avoid risks of falls from height, the employer must primarily act on the design of workplaces and production methods.

It is also possible to limit the number of workers in positions at risk of falls from height. This solution helps avoid risks for some workers, in addition to limiting overactivity at these workstations.

Examples :

• perform work at ground level when possible;
• lighten tasks to limit the number of workers;
• reorganize production;
• create new workstations to separate tasks;
• ...

What risk prevention measures should be implemented for work at height?

Arrange the workstation for work at height

The primary regulatory obligation is to arrange the workstation for work at height to ensure the health and safety of workers (Article R4323-58 C.Trav.).

Thus, all workstations for work at height must have (article R4323-59 C. trav.) :

• either a guardrail, with a height between 1 m and 1.10 m, a toe board of 10 to 15 cm, a handrail, and a mid-rail;
• or by means of an alternative protective measure 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 safety nets (mainly large-area nets and console nets) may be considered (Article R4323-60 of the French Labour Code).

Finally, when no collective protective equipment (CPE) can be implemented, the risk of falls from height must then be prevented by using personal protective equipment (PPE) such as a fall arrest system (Article R4323-61 of the French Labour Code).

Organizing movement at the elevated workstation

Movement at an elevated workstation must be able to be carried out safely and passage, in either direction, must not create a risk of falling (Article R4323-67 of the French Labour Code).

Therefore, to ensure good circulation, the employer must adapt and organize the workstation and its access, taking into account in particular:

• the frequency of movement ;
• the height to be reached ;
• the duration of use;
• the dimensions of the workstation and its access points ;
• the number of workers present at the workstation.

Furthermore, movement at a workstation at height must not lead to the interruption of collective protective equipment (Article R4323-65 of the French Labour Code). If this proves necessary, equivalent protective measures must be implemented.

Train workers

Worker training is a fundamental element for preventing risks associated with working at height.

Indeed, adequate and thorough training allows workers to be fully aware of the risks present in these types of roles. Furthermore, a properly trained worker will be able to adapt their behavior to the risk of falling or react correctly in difficult situations.

General safety training must include training on working at height and the risk of falls from height for all workers who are required to work in such positions (article L4141-2 C. trav.)

Furthermore, there are specific training courses for the use of certain personal protective equipment (PPE) intended for work at height, particularly for:

• the use of fall arrest systems;
• the 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 falls from height?

Collective Protective Equipment (CPE)

When performing work at height, a range of collective protective equipment is available to establish a safe workstation:

• guardrails (article R4323-59 C. trav.) ;
• safety nets (article R4323-87 C. trav.) ;
• work platforms;
• fixed ladders (article R4323-87 C. trav.) ;
• scaffolding (Article R4323-77 Labor Code);
• ...

🔎 Focus : Fixed ladders must be long enough to extend at least 1 m above the access level to the workstation (Article R4323-87 Labor Code).

When the use of collective protective equipment is possible, its use must be prioritized over that of individual protective equipment (Article R4323-62 Labor Code).

Individual Protective Equipment (PPE)

For work at height, PPE is used when no collective protective equipment can be installed or when they do not provide sufficient protection (Article R4323-61 Labor Code).

Here is a non-exhaustive list of various PPE for working at height:

• fall arrest systems (fall arrest harnesses, lanyards, self-retracting lifelines, etc.) (Article R4323-61 C.Trav.);
• elevating work platforms and aerial lifts for personnel ;
• rope access and positioning techniques (Article R4323-89 C. trav.);
• ladders, stepladders, and step stools (Article R4323-81 C.Trav.);
• ...

⚠️ Warning : the use of ladders, stepladders, and step stools must be for short durations and non-repetitive (Article R4323-63 of the Labor Code.).

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

An employer's civil and criminal liability may be incurred, particularly when:

• risk prevention measures are insufficient (Cass, crim, June 11, 2014, 13-85.601,) ;
• workers are endangered (Article 121-3 of the Penal Code.) ;
• a worker is injured or killed in the course of their employment (Article 222-20 of the Penal Code. and Article 221-6 of the Penal Code.).

⚠️ Warning : During an inspection, the labor inspectorate can order the temporary suspension of the part of the work or activity concerned, especially when it identifies a lack of protection against falls from height (Article L4731-1 C.Trav.).

Example : In this case law example, a worker fell through an opening without a guardrail (Cass, crim,11 juin 2014, 13-85.601,).

The opening led to a staircase, and the fall caused the worker to suffer a fractured pelvis.

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

A plywood sheet had indeed been placed over the opening to prevent the risk of falling. However, as it was not secured to the floor, it could be removed, thus causing the accident.

The employer is therefore considered responsible because the safety measures were not correctly implemented in accordance with Article R4534-6 C.Trav..

Key takeaway:

❖  Fall protection is necessary whenever a worker is exposed to a fall hazard, regardless of the height of that hazard;

❖  All work-at-height stations and openings with a fall hazard must be equipped with guardrails or equivalent protection;

❖  Equipment for work at height must primarily ensure collective protection;

❖  The use of personal protective equipment must be subject to appropriate training.