The Work at Height Regulations (Northern Ireland) 2005

Application

3.—(1) Within the territorial sea these Regulations shall apply only to and in relation to the premises and activities to which any of paragraphs 2 to 6 of Schedule 1 applies.

(2) The requirements imposed by these Regulations on an employer shall apply in relation to work –

(a) by an employee of his; or

(b) by any other person under his control, to the extent of his control.

(3) The requirements imposed by these Regulations on an employer shall also apply to –

(a) a self-employed person, in relation to work –

(i) by him; or

(ii) by a person under his control, to the extent of his control; and

(b) to any person other than a self-employed person, in relation to work by a person under his control, to the extent of his control.

(4) Regulations 4 to 16 shall not apply to or in relation to –

(a) the master and crew of a ship, or to the employer of such persons, in respect of the normal ship-board activities of a ship’s crew which –

(i) are carried out solely by the crew under the direction of the master; and

(ii) are not liable to expose persons at work other than the master and crew to a risk to their safety;

(b) a place specified in regulation 7(6) of the Docks Regulations (Northern Ireland) 1989(1) where persons are engaged in dock operations;

(c) a place specified in regulation 5(3) of the Loading and Unloading of Fishing Vessels Regulations (Northern Ireland) 1989(2) where persons are engaged in fish loading processes; or

(d) the provision of instruction or leadership to one or more persons in connection with their engagement in caving or climbing by way of sport, recreation, team building or similar activities.

(5) Regulation 11 shall not apply to an installation while regulation 12 of the Offshore Installations and Wells (Design and Construction, etc) Regulations (Northern Ireland) 1996(3) apply to it.

(6) In this regulation –

(a) “caving” includes the exploration of parts of mines which are no longer worked;

(b) “climbing” includes traversing, abseiling or scrambling over natural terrain or man-made structures;

(c) “ship” includes every description of vessel used in navigation, other than a ship which forms part of Her Majesty’s Navy.

(1)

S.R. 1989 No. 320, as amended by S.R. 1992 No. 374, S.R. 1993 No. 366, S.R. 1999 No. 150 and S.R. 1999 No. 304. Revoked in part by S.R. 1999 No. 13 and S.R. 1999 No. 304

(2)

S.R. 1989 No. 321, as amended by S.R. 1999 No. 150

(3)

S.R. 1996 No. 228