Working at height NZ — fall prevention rules and your legal obligations
HSWA 2015HSWA General Risk Regulations 2016Updated April 2026⚡ Live legislation content
Quick answer
Fall protection is required for any work at height where there is a risk of falling. There is no specific trigger height in NZ law — the obligation applies to all fall risks. You must apply the hierarchy of controls starting with elimination.
No trigger height — a common misconception
Many workers believe fall protection is only required above 2–3 metres. This is incorrect. NZ law requires elimination or minimisation of all fall risks at any height. WorkSafe enforces at 3m (residential) and 2m (commercial) as priority, but the legal duty starts lower.
The hierarchy of controls
Eliminate — redesign to avoid working at height
Passive (collective) controls — edge protection, scaffolding, work platforms
Active (personal) controls — harnesses, fall arrest systems, safety nets
⚠️
Harnesses are the last resort, not the default
WorkSafe regularly issues improvement notices where the hierarchy wasn't applied. Jumping to harnesses without considering scaffold or edge protection first won't satisfy the Regulations. Document your hierarchy analysis.
New workers need to know the height work rules before they start.
Upload your working at height procedures and give every worker instant, cited answers.
Scaffolding must be erected by a certified scaffolder (or under their supervision) at 5 metres or more. Work platforms need guardrails, midrails, and toeboards. Workers must not alter scaffolding without the scaffolding contractor's knowledge.
Ladders — limited use
Ladders are not appropriate as a primary working platform for anything more than brief, light work. Using a ladder where a scaffold is reasonably practicable fails the hierarchy of controls test.
💡
Document your pre-work fall hazard assessment
For any significant height work, document your hazard assessment — what hazards exist, what controls you considered, what you're using and why. This is your defence in an investigation.
Common questions
No. There is no statutory 3-metre threshold. WorkSafe focuses enforcement at 3m (residential) and 2m (commercial) but the legal duty applies at any height.
Duration doesn't determine the control — risk does. If the task creates serious fall risk, scaffolding may still be required even for brief work.
Scaffolding above 5m requires a certified scaffolder (Scaffolding NZ certification) to erect and dismantle.
Yes. Under HSWA s83, workers can cease work they reasonably believe creates serious risk. They cannot be penalised for good faith refusal.
Fall hazard assessment, rescue plan, equipment inspection records, worker competency records. For scaffolding: erection/inspection certificates.
What happens when staff ask this question at 11pm?
"Can we use a ladder to run cabling in the roof cavity or do we need a scaffold?"
Site supervisor — asked at 7:30am before work starts