Work at Height - OHS Rules and Employer Requirements

One unprotected opening in a floor, a missing guardrail or a moment of leaning beyond the edge of scaffolding can turn routine work into an accident. The State Labour Inspectorate has reported that work at height, including the use of scaffolding, accounts for many of the most common irregularities found during construction-site inspections.

For an employer, this is not only a matter of issuing harnesses and hard hats. The risk must first be identified, collective protection selected, supervision organised and employees given instructions that match the actual tasks. This guide puts those requirements in order under the current rules.

At what height does work at height begin?

Under § 105(1) of the regulation on general OHS provisions, work at height means work performed on a surface located at least 1.0 m above the floor or ground. This definition concerns the height of the surface. It is not a promise that a fall from a lower level is safe.

The provision has two exclusions. The definition does not apply where the surface is surrounded on all sides by full walls or by walls with glazed windows reaching at least 1.5 m. It also does not apply where other permanent structures or devices protect the employee against falling (§ 105(2)).

In practice, an open floor, roof edge, platform, scaffold, working deck or balcony must be assessed for fall risk. It is not enough to check whether the employee is standing on a stable surface. The possibility of falling over an edge or into an opening also matters.

Collective protection first, personal protection second

Work at height is classified among particularly hazardous work in the general OHS regulation. The employer must therefore establish and update a list of particularly hazardous work (§ 80(2)). For such work, the employer must provide direct supervision by designated persons, suitable protective measures and instruction covering the named allocation of tasks, the order of operations and OHS requirements for each activity (§ 81 points 1-3).

For construction work, the order of protection is explicit. § 6 of the regulation on OHS during construction work points to collective protection measures, especially guardrails, protective nets and safety nets. Harnesses and other personal protective equipment are used where collective protection cannot be applied (§ 6(2)). The process should not start with handing out harnesses if the edge can be safely protected with a guardrail.

The employer is responsible for OHS, while a person managing employees must organise, prepare and conduct work with protection against accidents in mind and enforce compliance with OHS rules (arts. 207 and 212 of the Labour Code, consolidated text, Journal of Laws 2026, item 1245). Assigning a task to a works manager does not remove the duty to organise an effective supervision system.

Guardrails, edges and openings

On surfaces more than 1.0 m above the floor or ground where employees may be present or which serve as passageways, guardrails must be installed. Under § 106(1) of the general regulation, a guardrail must have a protective handrail at least 1.1 m high, a toe board at least 0.15 m high and a crossbar at mid-height or another filling that prevents a person from falling.

If the type or conditions of work make a guardrail impossible, other effective protective measures suitable for the specific work must be used (§ 106(2)). This may be an appropriately selected net or fall-arrest system. Marking an edge with warning tape does not protect against a fall and does not replace technical protection.

Work must be organised so that an employee is not forced to lean beyond the guardrail or beyond the outline of the equipment on which they are standing (§ 107). If the reach is insufficient, the position of the platform must be changed, suitable access equipment used or another work method planned. Standing on a box, pallet or improvised platform is a sign that the work organisation is incomplete.

On a construction site, the danger zone is also important. The site should be arranged with such zones designated under § 8 point 1 of the construction-work regulation. A zone where an object may fall must be fenced off and protected against access by unauthorised persons. Its minimum linear dimension should be at least one tenth of the height from which objects may fall and not less than 6 m, subject to the exceptions for compact urban development in §§ 20-21.

Ladders, scaffolding and roof work

When working on ladders, rungs, scaffolding and other raised equipment up to 2 m, if the work does not require leaning beyond the outline or adopting a forced posture, the equipment must be stable, protected against unpredictable movement and suitable for the expected load. A working platform should have sufficient area, an even and permanently fixed floor and visible information about its permissible load (§ 108).

For scaffolding and suspended movable platforms above 2 m, safe vertical access and approach to the workstation, stability and resistance to expected loads must be ensured. Scaffolding must undergo a technical inspection before use (§ 109(1) points 1-3). The acceptance report and subsequent inspections are not a formality: they help verify that the structure matches the actual work method.

Before work on poles, masts, tower structures, chimneys and structures without floors, as well as before erecting or dismantling scaffolding and working on ladders above 2 m, the technical condition, stability, strength and attachment points for safety lines must be checked. Employees must use fall-protection equipment suitable for the work, including a harness with a line attached to fixed structural elements, and, for work at height, helmets intended for such work (§ 110(1)).

Work at the edge of a flat roof or a roof with a slope of up to 20% requires the fall-protection measures specified in § 6 of the construction-work regulation. For a roof with a slope above 20%, where protective scaffolding is not used, personal protective equipment or other protective devices must be used (§ 7). The protection depends on the actual conditions, including the roof shape, access, weather and the possibility of falling objects.

How to prepare the work step by step

Before an employee goes up, the person organising the work should review the whole process, not merely issue equipment. A practical sequence can look like this:

1. Describe the task and location. Identify the height, edges, openings, possible falling objects, access route, weather and people below.
2. Remove the risk at source. Check whether part of the work can be done from ground level or with a method that limits time spent at height.
3. Select collective protection. Plan guardrails, nets, platforms, scaffolding and danger-zone barriers. Only when these cannot be used should personal protection be selected.
4. Check equipment and structures. Verify stability, permissible loads, the condition of anchor points, scaffolding acceptance and the completeness of harnesses and lines.
5. Give instruction and supervise. Employees must know the named allocation of tasks, the order of operations, the OHS rules and the response procedure. During the work, a designated person checks whether the protection is actually being used.
6. Plan rescue. Telling people to call for help is not enough if an employee may remain suspended after a fall. Specify how help is summoned, how rescuers reach the casualty and how the person is safely lowered.

The assessment should be repeated after a change to scaffolding, technology, weather, anchorage location or the scope of work. The current risk assessment and workstation instruction should match what the employee actually does, rather than an earlier version of the work.

FAQ - work at height

Does work at height start only at 2 metres?

No. For the purposes of the general OHS provisions, it is work on a surface at least 1.0 m above the floor or ground, subject to the exclusions for enclosed surfaces and permanent protective structures (§ 105 of the general regulation).

Can harnesses replace a guardrail?

Not automatically. For construction work, collective protection such as guardrails and nets has priority. Harnesses or other personal protection are used where collective protection is not possible or does not protect the specific task (§ 6 of the construction-work regulation).

Does every work-at-height task require a harness?

No. Protection is selected for the task and conditions. Where a properly installed guardrail, platform or net effectively prevents a fall, a harness is not automatically required solely because the work is at height. For the specific work described in § 110, however, fall-protection equipment is required.

Can scaffolding be used immediately after assembly?

Scaffolding above 2 m should not be used before the technical acceptance required by separate provisions (§ 109(1) point 3 of the general regulation). Stability, strength, safe access and vertical communication must also be ensured.

What penalties apply to OHS violations during work at height?

Art. 283 § 1 of the Labour Code provides for a fine of PLN 2,000 to PLN 60,000 for failure to comply with OHS provisions or rules. This follows from the amendment of 11 March 2026 (Journal of Laws 2026, item 473), effective in this respect from 8 July 2026. A PIP inspector may also issue a ticket of up to PLN 5,000 under art. 96 § 1a point 1 of the Code of Proceedings in Misdemeanor Cases.

Key takeaways

Safe work at height starts before anyone steps onto scaffolding or a roof. The risk must be defined first: the 1.0 m threshold triggers detailed requirements, but openings, edges and falling objects also require assessment. Guardrails, nets and stable platforms take priority over harnesses alone. The process is complete only when supervision, instruction, sound equipment and a realistic rescue plan are in place.

If you need help organising risk assessments, instructions and training for work at height, see Lenax OHS outsourcing or contact us.

Sources

1. Regulation on general OHS provisions - consolidated text, Journal of Laws 2003, item 1650: §§ 80-81 and 105-110.
2. Regulation on OHS during construction work, Journal of Laws 2003 No. 47, item 401: §§ 6-7, 8 and 20-21.
3. Labour Code - consolidated text, Journal of Laws 2026, item 1245: arts. 207, 212 and 283.
4. Act of 11 March 2026 amending the Act on the State Labour Inspectorate and certain other acts, Journal of Laws 2026, item 473: arts. 3 and 6 and the entry-into-force date.
5. Code of Proceedings in Misdemeanor Cases - consolidated text, Journal of Laws 2025, item 860: art. 96 § 1a point 1 on tickets issued by PIP.
6. State Labour Inspectorate - Work at height: PIP information material.
7. State Labour Inspectorate - Safety on Polish construction sites: summary of construction-site inspections and common irregularities.

Legal status: 11 October 2026. This article is informational. Work at height requires assessment of the actual conditions, proper selection of protection and consideration of the documentation for the specific workstation.