If people are accessing your roof or any area to work at height where there’s a risk of falling, then you have a legal duty to make sure that space is safe. But in many workplaces, who the duty holder is and the lines of responsibility are often unclear, especially in multi-occupied buildings or when external contractors handle maintenance.
So, who is actually responsible for ensuring compliance with the Work at Height Regulations? And what does that duty involve?
Who counts as a duty holder?
The term ‘duty holder’ refers to anyone who has legal responsibility for controlling work at height. This can include:
- Employers
- Building owners or landlords
- Facilities managers
- Principal contractors
- Subcontractors and site supervisors
- Designers and architects (in some circumstances)
In practical terms, this means if you manage, operate, own, or arrange access to areas where people work at height, then you’re responsible for ensuring those people are safe.
In a commercial property, that could be the landlord, the managing agent, or the employer of individuals accessing the area. In construction, the principal contractor usually takes on this responsibility during the project phase.
What are your legal responsibilities as a duty holder?
The Work at Height Regulations require duty holders to do everything ‘reasonably practicable’ to prevent falls.
That includes:
- Avoiding work at height where possible
- Providing safe access and egress
- Using the right fall protection systems (e.g. guardrails, fall arrest systems)
- Ensuring equipment is installed and maintained correctly
- Making sure workers are trained and competent
- Planning the work properly and assessing all risks
If you allow someone onto your roof to inspect plant equipment, maintain solar panels or carry out repairs, and that area isn’t safe, you may be held liable if an accident occurs.
What if you use contractors?
A common misconception is that bringing in a contractor shifts the safety responsibility onto them. Contractors do have duties under the law, but you, as the building owner or facilities manager, also have obligations.
You must:
- Ensure a safe environment for contractors before they start work
- Provide clear information about risks (e.g. fragile surfaces) and access routes
- Check that contractors are competent and working safely
- Confirm that your fall protection systems are certified, recertified and fit for use.
If a fall occurs and your roof lacks fall protection like guardrails or access points aren’t clearly marked, liability could fall on you, regardless of who employed the person who fell.
Why ignorance isn’t a defence
In court, claiming you ‘didn’t know’ there was a risk isn’t an acceptable excuse. As a duty holder, it’s your job to be proactive about identifying and mitigating risks. The HSE expects you to conduct regular roof audits, risk assessments and safety inspections to maintain compliance.
That’s where fall protection specialists like us can help. Our team carries out detailed rooftop surveys and audits to help you understand the actual risks on your site. We then recommend practical, compliant solutions, such as installing guardrails, improving safe access, or updating signage and fall arrest systems.
Don’t wait for an incident
Work at height remains one of the leading causes of workplace fatalities in the UK. Too often, fall protection companies are called in after a near miss or serious injury when a proactive approach could have prevented it.
If you’re unsure whether your site is compliant or where your responsibilities begin and end, please get in touch with us. We’ll help you understand your duties and put the proper measures in place so you can meet your legal obligations and keep everyone safe.
