Falls from height are consistently among the leading causes of death and serious injury in New Zealand construction. The regulatory expectation is not that falls are managed but that the risk of falling is eliminated where reasonably practicable, and the difference between those two framings explains most enforcement action.
The hierarchy applies, in order
The duty is to eliminate risk so far as is reasonably practicable, and where that is not possible, to minimise it. For work at height that translates into a specific order:
- Eliminate — do the work at ground level. Prefabricating on the ground and lifting into place removes the exposure entirely and is under-used.
- Isolate — physical barriers preventing a person reaching a fall zone: edge protection, guardrails, scaffolding with handrails, covers over penetrations.
- Minimise with fall arrest — harness systems, safety nets, soft landing systems. These do not prevent a fall; they limit the consequence.
- Administrative controls and PPE alone are the weakest and are not an adequate answer for a serious fall risk.
The recurring enforcement finding is a business that went straight to harnesses when edge protection was reasonably practicable. Choosing a lower control because it is faster or cheaper is precisely what the duty prohibits.
There is no safe height threshold
A common misconception holds that fall protection is only needed above three metres. That is not the legal position. The requirement is to manage the risk of falls that are likely to cause injury, and serious injuries and deaths occur regularly from falls under three metres — from ladders, roofs, trailers and low scaffolds.
Assess the actual risk rather than applying a height rule.
Ladders
Ladders are the most commonly misused equipment in the sector. They are appropriate for access, and for short-duration light work where three points of contact can be maintained.
They are not appropriate as a work platform for extended tasks, for work requiring both hands or force, or where a person must lean out. Where a task needs a ladder for more than a brief period, the honest answer is usually a mobile scaffold or an elevated work platform.
Scaffolding and certificates of competence
Scaffolding above a defined height must be erected, altered and dismantled by or under the supervision of a person holding a current Certificate of Competence for the relevant class of scaffolding.
Practical obligations that follow:
- Inspection before use and at regular intervals, with the results recorded, and after any event that could affect stability.
- Scaftags or an equivalent system showing current status, so anyone approaching knows whether it is safe to use.
- No unauthorised alteration. Removing a handrail or a board to fit a task is a common and serious breach, and the person who removed it may not be the person who falls.
- Loading limits observed, including material storage on platforms.
Notifiable work
Certain construction work must be notified to WorkSafe before it starts. The categories include work where a person could fall a specified distance, work involving excavation beyond a defined depth, work involving asbestos removal above thresholds, and certain other high-risk activities.
Notification is a straightforward process and failing to do it is an offence independent of anything else going wrong. It also puts the project on the regulator’s radar, which is a reason some businesses avoid it and not a good one.
Overlapping duties on a construction site
Construction sites almost always involve multiple PCBUs. Where more than one has a duty in relation to the same matter, each must consult, cooperate and coordinate so far as reasonably practicable.
In practice the main contractor cannot delegate away responsibility for site-wide controls such as edge protection and scaffolding, and a subcontractor cannot rely on the main contractor having dealt with it. Both hold duties, and both get prosecuted.
The arrangements that work involve a documented site safety plan, an induction that covers actual site hazards rather than generic content, and a clear answer to who provides, inspects and maintains shared controls such as scaffolds and edge protection.
What to have in place
- A task-based assessment of fall risk before work starts, revisited when the work changes.
- Edge protection specified and priced into the job rather than treated as an optional extra.
- Scaffold inspection records current and visible.
- Rescue plan for anyone working in a harness — suspension trauma is time-critical and a plan that amounts to calling an ambulance is not adequate.
- Competent people, with training records you can produce.
WorkSafe publishes good practice guidelines on working at height and on scaffolding free at worksafe.govt.nz, along with the notifiable work requirements and the online notification form.
General information only, not legal advice.
