The work at height regulation imposes a series of legal obligations on employers to prevent the risk of falling from height: conducting a risk assessment, prioritizing collective protection measures, providing standard-compliant personal protective equipment when these are insufficient, training workers, and carrying out all work under the supervision of a competent person. In Türkiye, these obligations are primarily governed by Occupational Health and Safety Law No. 6331 and the Regulation on Occupational Health and Safety in Construction Works dated 5 October 2013.

In this article, we explain exactly what steps an employer must take under the work at height regulation, which measures are legally mandatory, and what to pay attention to in practice.

What Is Working at Height? The Legal Definition

Legislation defines working at height not by meters, but by risk. According to the Regulation on Occupational Health and Safety in Construction Works, any work carried out in an area with a difference in level where there is a possibility of injury due to a fall is considered working at height.

This definition matters, because the question “from how many meters does working at height begin?” has no strict numerical answer. If there is a risk of injury due to a fall, the work falls within the scope of working at height and the provisions of the work at height regulation come into effect. Work on scaffolding, roofs, platforms, towers or poles, and even at the edge of a tank, all fall within this scope.

Which Law Is the Work at Height Regulation Based On?

The legislation governing work at height in Türkiye is not a single text; it consists of several complementary regulations:

• Occupational Health and Safety Law No. 6331 — The framework law for all occupational health and safety obligations. It covers all workplaces in the public and private sectors, including all workers such as apprentices and interns.
• Regulation on Occupational Health and Safety in Construction Works (5/10/2013, No. 28786) — The regulation containing the most comprehensive technical provisions on working at height. It was updated on 31/12/2018.
• Regulation on Health and Safety Conditions in the Use of Work Equipment (25/4/2013, No. 28628) — Contains specific provisions on the use of equipment such as ladders, scaffolding, and rope access.
• Regulation on the Use of Personal Protective Equipment at Workplaces (2/7/2013, No. 28695) — Sets out the selection and use principles for PPE such as harnesses.

The employer’s responsibility arises from all of these regulations. Receiving services from an expert or an external safety unit does not remove the employer’s responsibility.

The Employer’s Core Obligations Under the Work at Height Regulation

The work at height regulation places a concrete and sequential set of obligations on the employer. These can be grouped under five main headings.

1. Assess Risks and Plan the Work

The employer must carry out a risk assessment before starting any work to be done at height. The work to be carried out is planned and organized in advance; during this planning, it is ensured that matters relating to falls from height are included in the emergency plan.

The spirit of the legislation is clear: work at height should not be carried out unless it is necessary. An assembly job that could be done on the ground should be completed on the ground as much as possible. This is a direct reflection of the principle of “preventing the hazard at its source.”

2. Implement Collective Protection Measures First

The work at height regulation establishes a strict order of priority in protection. Workers’ safety must be ensured primarily through collective protection measures. These are:

• Safe guardrails
• Fall-preventing platforms
• Barriers and covers
• Working scaffolds
• Safety nets or air cushions

Collective protection comes before individual protection because it does not depend on the correct behavior of a single worker; it protects the entire work area at once.

3. Provide Personal Protective Equipment if Collective Protection Is Insufficient

If collective protection measures cannot completely eliminate the risk of falling, are not feasible, or must be temporarily removed, suitable anchor points or lifelines are established for the nature of the work, and full body harness systems or similar safety systems are used.

There is a critical technical detail here: For fall arrest purposes, only a full body harness (safety harness) may be used. Positioning belts attached only to the waist are not suitable or safe for fall arrest. A full body harness is a whole designed to safely hold the worker during a fall and after the fall is arrested.

The harnesses, lanyards and energy absorbers, carabiners, retractable fall arrests, and anchor systems in EKS Work Safety’s product range work together as a system precisely to meet this legal requirement. Because it is not a single piece of equipment, but a compatible system, that provides legal protection.

4. Provide Equipment Compliant with Standards and the CE Mark

The employer is responsible for ensuring the availability and use of personal protective equipment compliant with harmonized national standards. It must be ensured that protective equipment against falls from height bears the CE mark and a 4-digit notified body number.

In addition, PPE is provided free of charge by the employer; its maintenance, repair, and periodic inspections are carried out in accordance with the manufacturer’s user manual. The cost of occupational health and safety measures can in no way be passed on to the worker.

5. Provide Training and Competent Supervision

It is mandatory to provide workers at height with training on hazards, risks, control measures, and safe working methods. Furthermore, work at height must be carried out under the supervision and control of a competent person appointed by the employer.

Training is not a one-time formality. Work at height training certificates are generally valid for two years and must be renewed at the end of this period.

What Happens if Obligations Are Not Met?

Law No. 6331 provides for administrative fines for employers who fail to fulfill their obligations. However, the real risk is far more serious than a fine: falling from height is one of the leading causes of fatal occupational accidents in the construction and industrial sectors.

A common situation in the field is this: the equipment is present, but the system is not set up correctly. The anchor point may be incorrectly positioned, the lanyard may not be chosen to suit the work area, or the fall distance may not have been calculated. In this case, although the equipment legally appears to be “available,” real protection is not provided. This is why the work at height regulation requires not only the presence of equipment, but the correct setup and inspection of the system as a whole.

Employer and Worker Responsibility Work Together

Although the work at height regulation places the main obligation on the employer, safety is a shared responsibility. Workers are also obliged to correctly use the personal protective equipment provided to them, not to arbitrarily remove or modify safety equipment, and to comply with workplace procedures. However, these obligations of workers do not remove the employer’s responsibility.

Frequently Asked Questions

From how many meters does working at height begin? There is no fixed meter limit in the legislation. Any work with a difference in level where there is a possibility of injury due to a fall is considered working at height. The determining factor is not the height figure, but the risk of falling.

Which harness should be used for fall arrest? For fall arrest purposes, only a full body (safety) harness should be used. Positioning belts attached only to the waist are not suitable for fall arrest.

Can the employer pass the cost of personal protective equipment on to the worker? No. The cost of occupational health and safety measures can in no way be passed on to workers; PPE is provided free of charge.

Does receiving services from an external safety unit remove the employer’s responsibility? No. Receiving services from external experts and organizations does not remove the employer’s legal responsibility.

Legal Compliance and Real Safety with the Right System

The work at height regulation obliges the employer not only to provide equipment, but to assess risks, apply the correct protection hierarchy, provide standard-compliant equipment, deliver training, and supervise the process. These obligations form a whole and can only be truly fulfilled with a correctly established system.

With over 20 years of experience, EKS Work Safety provides work at height solutions suited to field realities and legal requirements for many sectors, particularly telecommunications, energy, construction, defense, and fuel. To set up a safety system suited to your work area and compliant with standards and work at height regulation requirements, you can contact EKS Work Safety.

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