Working at Height NZ – HSWA Compliance Guide (Regs 26–36)

Falls from height remain the single biggest cause of workplace fatalities and serious injuries in New Zealand. Under the Health and Safety at Work Act 2015 (HSWA) and the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, every person conducting a business or undertaking (PCBU) must manage risks associated with working at height. This guide covers the key regulations, the 2m threshold, the fall protection hierarchy, scaffolding requirements, edge protection rules, and real prosecution examples from WorkSafe NZ.

What is ‘Working at Height’?

Working at height means working in any place where a person could fall and be injured. This includes working on roofs, ladders, scaffolding, elevated platforms, edges, holes, or even on the ground near an opening. The regulations apply regardless of the height if there is a risk of injury from a fall.

Legal Framework – HSWA General Risk Regulations 2016

The core regulations for working at height are Regulations 26 to 36 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016. These sit under HSWA 2015 and apply to all workplaces.

Regulation 26 – Duty to manage risk of fall

A PCBU must manage risks to health and safety associated with a fall from one level to another that is reasonably likely to cause injury. This includes identifying fall hazards, assessing the risk, and implementing controls.

Regulation 27 – Specific controls for work over 2 metres

If the fall height is 2 metres or more, the PCBU must ensure, so far as is reasonably practicable, that one or more of the following controls are in place:

• A fall prevention system (e.g., guardrails, edge protection)
• A work positioning system (e.g., travel restraint)
• A fall arrest system (e.g., harness and lanyard with energy absorber)
• A ladder that complies with AS/NZS 1892 (only for low-risk, short-duration work)

Regulation 28 – Hierarchy of controls

The regulations require you to follow the hierarchy of controls when managing fall risks:

1. Eliminate the risk (e.g., do the work from ground level)
2. Minimise the risk using fall prevention (e.g., guardrails, edge protection)
3. Minimise using work positioning (e.g., travel restraint)
4. Minimise using fall arrest (e.g., harness and anchor)
5. Minimise using ladders (only as a last resort for low-risk, short-duration tasks)

Scaffolding Requirements

Scaffolding is a common fall prevention system. Under Regulation 30, scaffolding must be designed, erected, altered, and dismantled by a competent person. For scaffolding over 5 metres in height, a certified scaffolder is required. All scaffolding must comply with AS/NZS 1576.

Edge Protection Rules

Edge protection (guardrails) is a primary fall prevention measure. Under Regulation 29, guardrails must be provided at every edge where a person could fall 2 metres or more. Guardrails must have a top rail at least 900mm high, a mid-rail, and a toe board if there is a risk of objects falling. They must be able to withstand a force of at least 200N applied at any point.

WorkSafe Prosecution Examples

WorkSafe NZ actively prosecutes PCBUs and individuals for failures to manage fall risks. Here are two real examples:

Case 1: Roofing company fined $180,000 (2023)
A roofing company was fined after a worker fell 4 metres through a fragile skylight. The company had not provided edge protection or a fall arrest system, and the worker suffered serious spinal injuries. The court found the company failed to comply with Reg 27 and Reg 28 by not implementing the hierarchy of controls.

Case 2: Builder sentenced for unsafe scaffolding (2024)
A builder was sentenced to 200 hours of community work and fined $50,000 after a worker fell from scaffolding that had been erected without guardrails. The scaffolding was over 5 metres high and had not been inspected by a certified scaffolder. The builder was charged under Reg 30 and HSWA s36 (failure to ensure health and safety).

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Practical Steps for Frontline Managers

1. Identify all fall hazards – walk the site, look for edges, holes, fragile surfaces, ladders, and scaffolds.
2. Assess the risk – consider height, surface condition, weather, duration, and worker competence.
3. Apply the hierarchy – eliminate first, then prevent, then arrest. Never skip steps.
4. Provide training – every worker must be trained in the specific fall protection system they use.
5. Inspect equipment – harnesses, lanyards, anchors, guardrails, and scaffolding must be inspected before each use and regularly by a competent person.
6. Document everything – keep records of risk assessments, training, inspections, and maintenance.

Common Questions

Does the 2m rule apply to ladders?

Yes. If you are working from a ladder at 2 metres or more, you must have a fall prevention or arrest system unless the work is low-risk and short-duration (less than 30 minutes). Even then, the ladder must be set up correctly and on stable ground.

Can I use a safety harness without a lanyard?

No. A harness alone does not provide fall protection. It must be connected to a suitable anchor point via a lanyard (with energy absorber) or a self-retracting lifeline. The anchor point must be rated to at least 15kN for a single person.

What about working on a flat roof?

Flat roofs still require edge protection if the edge is 2 metres or more above the ground. If the roof is less than 2 metres, you still need to assess the risk – a fall from 1.5 metres onto concrete can cause serious injury.

Who is a ‘competent person’ for fall protection?

A competent person has the relevant training, experience, and knowledge to perform the task safely. For scaffolding over 5 metres, this means a certified scaffolder. For fall arrest systems, the person must have completed a recognised training course (e.g., NZQA unit standards).