What Counts as Working at Heights? Definition Under Irish Law

Working at Heights 3 min read

What counts as Working at Heights under Irish law: heights, distances, examples, exceptions and the certificate every Irish worker should hold.

"Is this Working at Heights?" is the question every Irish supervisor, contractor and site manager should ask before any task above ground level. The answer is broader than most people think, and the legal threshold is not the obvious one.

The legal definition in plain English

Under Irish law (Regulation 95 of SI 299/2007), Working at Heights means any work activity at, above or below ground level where a person could fall a distance liable to cause personal injury. There is no specified height number. The HSA position is consistent: any height from which a fall could cause injury counts.

Misconception: "It only counts above 2 metres"

This is the single most common Irish misconception. The 2-metre figure is a UK historical construction-industry threshold that does not apply in Ireland. The Irish test is the injury-likelihood test: a fall from 1.2 metres onto a concrete floor onto a carpenter's nail can kill, and the law treats it as Working at Heights.

Working at Heights examples by height

ActivityApprox heightWorking at Heights?
Stocking high shelves in a supermarket1.8mYes
Office worker on a stool changing a lightbulb0.5mYes (stool is not a stepladder)
Painter on a hop-up0.5mYes
Lorry driver climbing into a trailer1.2mYes
Mechanic on a creeper, on the ground0mNo
Electrician on a stepladder, 3rd rung1.5mYes
Roofer on pitched roofanyYes
Excavation foreman near a 4m trench edge0m up, 4m downYes (fall into the trench)
Window cleaner on reach pole0mNo (provided no climb)
Person opening attic hatch on a step ladder2mYes

Working at Heights below ground

The "below ground" qualifier surprises people. Falling into an excavation, a manhole, a pit, or a trench is also covered. Confined-space work that involves a ladder descent is Working at Heights and confined space combined - both certifications apply.

Industries Irish law covers

What is exempt

Almost nothing. The narrow exemptions:

  • Domestic householders performing household tasks (DIY)
  • Recreational climbing (sport climbing, mountaineering)
  • Casual gym climbing walls (treated under leisure regs, not workplace)

The moment a worker is performing work for an employer, even on a 1-metre stepladder in a domestic property, the SHWW Act applies.

The duty cascade

Once an activity is classified as Working at Heights:

  1. Risk assessment must be done in writing
  2. The hierarchy of control must be applied
  3. Workers must hold a Working at Heights Certificate
  4. Equipment must be inspected and logged
  5. Rescue plan must exist
  6. Records kept for the HSA

The training piece

One Working at Heights Course covers the full Irish legal definition and the practical decisions. 45 minutes online, 35 euro, instant Working at Heights Certificate. Valid for 3 years across every industry above.

FAQs

If a worker is on a step stool for 30 seconds, is that Working at Heights?

Yes - duration does not change the classification. Risk assessment may show the residual risk is very low, but the activity is still covered.

What about working AT ground level near an edge or hole?

If the worker could fall into an excavation or off an edge, the Working at Heights duties apply.

Does my office worker need certified for IT work in the server rack?

If they use a stepladder or climb to access racks above shoulder height, yes. The 35-euro online course handles it in 45 minutes.

Settle the question for every member of your team. Start the Working at Heights Course online, 45 minutes, instant download, 3 years valid.

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