Definition

1. Existing legislation in Malaysia does not provide a specific definition for working at heights.
2. The Work at Height Regulations 2005 (WAHR) in the UK defines work at height as:
   • work in any place, including a place above or below ground;
   • using exits or entrances at any place while working, except using stairs (staircase) in a permanent workplace where, if the steps required by these Regulations are not taken, a person could fall into distance that could cause personal injury.
3. This definition includes work,
   • in or on elevated work areas, for example on folding ladders or flat roofs, where a person could fall;
   • near floor openings through which a person could fall;
   • near an edge where someone could fall; or
   • in any place (whether above or below ground), for example falling through a fragile surface, from which a person can fall, from one level to another.
4. It should be known that distance that could cause personal injury not specified in this interpretation.

Specified Distance

5. The legal distance requirements vary between countries. For example, the regulations in Malaysia¹ sets this distance as 10 feet, while in the UK², Singapore³ and Australia⁴ is 2 meters. In New Zealand⁵ and Singapore⁶ the set distance is 3 meters.
6. The prescribed distance is no longer enforced in the UK.
   • ¹ refer to regulation 12, Factories and Machinery (Safety, Health and Welfare) Regulations 1970
   • ² refer to sub-regulation 6(3), the Construction (Health, Safety and Welfare) Regulations 1996
   • ³ refer to rule 8, the Workplace Safety and Health (Work at Heights) Regulations 2013
   • ⁴ refer to rule 291, the Work Health and Safety Regulations 2011
   • ⁵ refer to rule 21, the Health and Safety in Employment Regulations 1995
   • ⁶ refer to rule 2, the Workplace Safety and Health (Work at Heights) Regulations 2013

Difference in Set Distance

7. Although there are differences in the aspect of determining this distance, the purpose of the law is the same, which is to prevent personal injury to workers.
8. Falling at this designated distance has been classified as high risk^{3, 5}, and is highly likely to cause personal injury to workers.
9. This distance can be related to the probability of a worker sustaining an injury and the severity of the injury if they fall from a specified distance. This probability is influenced by past accident information, the physical size of the worker and the conditions at the scene of the fall.
10. Therefore, these differences may be due to differences in the results of risk assessments conducted in these countries at the time the regulations were enacted.

Steps Set

11. It is important to note that each regulation requires employers to take prescribed measures if the risk assessment indicates that employees may fall within this prescribed distance.

The Existence of Other Dangers

12. This does not mean that if the risk of falling is less than this limit, the employer does not need to take reasonable steps to prevent personal injury to employees.
13. The decision to determine the appropriate control measures to be taken should be based on a risk assessment, taking into account other hazards that may exist.
14. For example, if the fall hazard is less than 10 feet, but there are other hazards such as nails protruding from the falling surface, then the employer needs to take appropriate steps to protect employees from those hazards.

Quick Guide

15. Before working at height, employers should go through these simple stages:
    • If practical, avoid working at heights,
    • if not practical, prevent falls by using either existing workplaces or proper equipment;
    • If the risk cannot be eliminated, reduce the consequences and fall distance, using the right equipment.

Figure 1 provides further guidance and examples for each stage.

16. Employers should:
    • whenever possible, work at ground level;
    • ensure that workers have safe routes to work at heights;
    • ensure that equipment is suitable, sturdy and strong enough to carry out the work, maintained and inspected regularly;
    • ensure there is no overload or overreach when working at height;
    • take precautions when working near or on fragile surfaces;
    • provide protection for falling objects;
    • Consider emergency evacuation and rescue procedures.

Employee Skills, Knowledge and Experience

17. Employers must ensure that employees with sufficient skills, knowledge and experience (SKE) are appointed to work, or, if they are being trained, their work is supervised by someone with sufficient SKE to do it.
18. For low-risk, short-term tasks (short term means tasks that take less than 30 minutes) using a folding ladder, the SKE requirement may be no more than ensuring that workers receive instruction on how to use the equipment safely (for example, how to properly set up a folding ladder) and appropriate training. Training is usually provided on the job and not necessarily in a classroom.
19. Where a more technical level of SKE is required, for example designing and erecting scaffolding, existing training and recognition schemes help demonstrate SKE.

Apply the General Principles of Prevention

20. The general principle of prevention encourages employers to first consider collective protection, which means that all workers at risk are protected. Then, if this is not practical, use individual protection, which only protects one worker.
21. Collective protection is equipment that does not require workers to act for it to be effective, for example guard rails (also called passive protection).
22. Personal protection (also called active protection) is equipment that requires workers to act for it to be effective, for example wearing a safety harness correctly and being attached, using an energy-absorbing lanyard, etc. anchor point which is appropriate.
23. Figure 1 provides further guidance.

Planning work at height

24. Employers should:
    • take into account weather conditions that may affect worker safety;
    • check that the place (e.g. roof) where work at height will be done is safe. Every place where workers will work at height is checked every time, before use;
    • stop objects or materials from falling or, if this is not practical, take appropriate and sufficient steps to ensure that no one can be injured, for example marking off no-go zones or using safety nets to trap falling objects;
    • store objects and materials safely, so that if they collapse or are disturbed they do not cause injury;
    • Plan for emergencies and rescue, for example, agree on a set of evacuation procedures. Think about the possible situations and make sure employees are aware of these procedures. Don't rely solely on the Fire Department for your rescue plan.

Choosing the right equipment

25. Employers should:
    • provide the most appropriate equipment for the task (use Figure 1 for guidance);
    • take into account factors such as:
      1. working conditions (e.g., weather, available space);
      2. nature, frequency and duration of work;
      3. risks to the safety of everyone where the equipment will be used (including during installation and dismantling);
    • refer the Guidelines for the Prevention of Falls at Workplaces (see Further Information).

Ensure equipment is in good condition

26. Equipment, for example scaffolding, must be installed according to the approved design and manufacturer's instructions.
27. If the safety of equipment depends on the method of installation, the employer must ensure that it is not in use before being inspected by a person with the required SKE before use.
28. Inspections should be carried out at appropriate intervals depending on the environment (e.g., adverse weather, accidental damage) and usage.
29. Keep records of any inspections.

Employer and Employee Cooperation

30. The law places a general duty on employees to, reasonably, take care of themselves and others who may be affected by their actions, and to cooperate with employers to comply with the law.
31. Employees must:
    • use the safety equipment and devices provided or supplied correctly, in accordance with instructions and training. If workers believe it is unsafe, they should seek further instructions before continuing work;
    • Report any identified safety hazards to the employer.
32. Employers must consult employees on safety and health matters, including
    • risks resulting from their work;
    • recommendations for managing and/or controlling these risks;
    • The best way to provide information and training.
33. Employers should ask their employees and representatives about the hazards they are aware of and they may have good and practical ideas for controlling the risks.

The Role of a Building Designer

34. Building designers should assess if there will be work to be done at height throughout the life of the building, for example during cleaning, maintenance and repairs of the building.
35. If practical, prevent the need to work at heights.

More Information

For further information and references regarding this article, email to mfairuz@mohr.gov.my

Other Information

Other information related to working at heights from this website:

• Guidelines
• Posters
• Inspection Guide