Health and Safety in Employment Regulations 1995

  • This version was replaced on 8 August 2018 to make a correction to regulation 2 under section 25(1)(j)(iii) of the Legislation Act 2012.
24 Excavations with face more than 1.5 metres high

(1)

Subject to subclause (2), every employer must, so far as is reasonably practicable, ensure that, where any face of any excavation is more than 1.5 metres high, that face is shored.

(2)

Subclause (1) does not apply where—

(a)

the face is cut back to a safe slope; or

(b)

the material in the face is of proven good standing quality under all reasonably foreseeable conditions of work and weather; or

(c)

by reason of the nature of the work and the position of any employee in the vicinity, there is no danger to any employee; or

(d)

the provision of shoring is impracticable or unreasonable by reason of the nature of the work and the employer has, so far as is reasonably practicable, taken steps to ensure that other precautions are taken to make the face as safe as possible in the circumstances.

(3)

Every employer must, so far as is reasonably practicable, ensure that any shoring used in any excavation at the workplace

(a)

consists of materials that are suitable for the purpose for which they are to be used, of sound quality, and adequate in strength for the particular use; and

(b)

has bracings, jacks, and struts that are securely held to prevent accidental displacement, and packings and wedges that are held by nails or spikes; and

(c)

is placed in a proper manner by an experienced person under competent supervision; and

(d)

is not altered, dismantled, or interfered with except on the instructions of the employer or a representative of the employer.

Regulation 24(1): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 24(2)(d): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 24(3): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).