Working at Height Regulations and MEWPs: A Practical Guide for Operators and Employers

Working at height remains the single largest cause of workplace fatalities in Great Britain. In 2024/25, falls from height accounted for the highest proportion of fatal injuries to workers – a statistic that has barely shifted in a decade despite significant regulatory and industry effort.

For businesses that use powered access equipment, the Working at Height Regulations 2005 set out clear legal duties. This guide covers what those duties are, how they apply specifically to MEWP operations, and what employers need to have in place to comply.

What are the Working at Height Regulations 2005?

The Working at Height Regulations 2005 implement a European directive and apply to all work in Great Britain where there is a risk of a fall liable to cause personal injury. There is no minimum height threshold – the regulations apply wherever a fall could cause injury, whether that is from a roof, a ladder, or a MEWP platform at 2m.

The regulations place duties primarily on employers and anyone who controls how work at height is carried out. The three core duties are:

• Avoid working at height where it is reasonably practicable to do so
• Where working at height cannot be avoided, use the most suitable work equipment to prevent falls
• Where the risk of a fall cannot be eliminated, use equipment or other measures to minimise the distance and consequences of a fall

Compliance is not a matter of paperwork. The HSE enforces the regulations actively, with the power to issue improvement notices, prohibition notices, and prosecute. Fines are unlimited in the Crown Court.

Where MEWPs sit in the hierarchy of control

The regulations establish a clear hierarchy for selecting equipment. Collective protective measures – those that protect everyone in the area without requiring individual action – take priority over personal protective measures such as harnesses and fall arrest systems.

MEWPs sit at the collective protective measures level. A properly selected and operated MEWP provides a stable, enclosed working platform with integral edge protection. It protects the operator without relying on them to clip on or take any additional safety action. That is why MEWPs are the preferred solution over ladders and scaffolding for the majority of at-height tasks where access is required over a sustained period.

That said, the regulations require selecting the most suitable equipment for the task – not defaulting to a MEWP in every situation. For very short duration tasks at low height where a MEWP cannot be positioned effectively, the calculation changes. The key question the regulations ask is whether the equipment chosen genuinely reduces the risk of a fall to the lowest level reasonably practicable.

Where a MEWP is the appropriate solution, selecting the right type of machine for the terrain, working height, and access constraints is itself a compliance requirement. More on that below.

Employer duties in practice

Under the regulations, employers must:

Risk assess all work at height. Every task involving work at height requires a suitable and sufficient risk assessment before work begins. For MEWP operations this covers ground conditions, overhead hazards, exclusion zones, proximity to the public, and weather. The assessment should be recorded and reviewed when conditions change.

Select appropriate equipment. The machine must be suitable for the task. A scissor lift on soft or uneven ground, a boom lift used in wind speeds above the manufacturer’s limit, or a machine with insufficient outreach for the task are all compliance failures – not just operational problems.

Ensure operators are competent. The regulations require employers to ensure anyone operating a MEWP is competent to do so. In practice this means holding the relevant IPAF licence category for the machine type – 3a for scissor lifts, 3b for boom lifts and cherry pickers. Competence is the employer’s responsibility to verify, not the operator’s to assert.

Maintain and inspect equipment. MEWPs are subject to LOLER – the Lifting Operations and Lifting Equipment Regulations 1998. This requires a thorough examination by a competent person at least every six months for equipment used to lift people. The LOLER inspection must be carried out by a qualified examiner and the certificate kept on record. Pre-use checks by the operator before every shift are a separate requirement under PUWER.

Have a rescue plan. This catches many operators out. The regulations require a plan for rescuing an operator from a MEWP platform if the machine fails at height. For self-propelled scissor lifts with manual lowering capability this is straightforward. For boom lifts and cherry pickers at significant height, where the platform cannot self-rescue, a dedicated rescue procedure must be in place before work starts – not improvised after the fact.

MEWP-specific requirements operators need to know

Beyond the general employer duties, MEWP operations carry specific requirements that the regulations and associated guidance make clear:

Ground conditions. The ground must be capable of supporting the machine’s outrigger or wheel loads. On soft ground, slopes beyond the manufacturer’s gradient limits, or near excavations, a MEWP must not be deployed without confirming ground bearing capacity. Outrigger pads are required on any surface where point loading could cause instability.

Exclusion zones. A defined exclusion zone around the machine’s operating area must be established and enforced. Where work is near overhead power lines, the exclusion zone requirements are more stringent and must account for the machine’s maximum reach.

Weather limits. Every MEWP has a maximum wind speed rating in the manufacturer’s data. Operating above that limit is a breach of PUWER regardless of whether conditions feel acceptable to the operator. Wind speed should be monitored throughout the shift, not just at the start.

Overhead hazards. The risk assessment must cover overhead hazards including power lines, structures, and other plant. Boom lifts operating near overhead lines require specific safe distances to be maintained – the HSE publishes guidance on minimum approach distances for different voltage levels.

Choosing the right MEWP for compliance

The regulations require selecting the most suitable equipment. In powered access terms that means understanding which machine type is appropriate for the specific task, terrain, and working environment.

Scissor lifts are suited to flat, stable, hard-standing surfaces where vertical access is required. Their compact footprint and stable platform make them the default choice for internal maintenance, construction finishing, and warehouse work. Electric models are appropriate for indoor use where emissions are a concern.

Cherry pickers and articulated boom lifts are suited to tasks requiring outreach over obstacles, irregular terrain, or access to positions that cannot be reached by a vertical platform. Their ability to work around obstructions makes them the right choice for facade work, tree surgery, utilities maintenance, and construction where access angles vary.

Hinowa tracked spider lifts are suited to restricted access environments – narrow gates, delicate ground surfaces, indoor spaces where a wheeled machine cannot operate, and locations where ground bearing capacity is limited. As the UK’s authorised Hinowa distributor, APS stocks the full range from 14m to 40m working height. The rubber tracks and low ground pressure make them appropriate on surfaces where conventional wheeled MEWPs would not be.

Truck mounted cherry pickers are suited to highways and roadside work where the machine must be vehicle-mounted and road-legal.

If you are not sure which machine type is right for your application, our APS AfterCare and sales teams can advise on selection, and our fixed price service plans cover ongoing maintenance and LOLER compliance once you have the right machine in place.

Frequently asked questions

Do I need a licence to use a MEWP?
IPAF training is not a standalone legal requirement but is the industry-accepted way of demonstrating operator competence under the regulations. Most principal contractors and hire companies require a valid PAL card. APS offers IPAF and work at height training for operators across all machine categories.

What height do the working at height regulations apply from?
There is no minimum height. The regulations apply wherever a fall could cause personal injury – this includes work at ground level adjacent to an excavation or hole.

Is a risk assessment required every time a MEWP is used?
A full risk assessment is required for each task. Where the same task is carried out repeatedly in the same conditions, a standing risk assessment can cover routine operations – but it must be reviewed when conditions, equipment, or the working environment change.

What are the penalties for breaching the regulations?
The HSE can issue improvement notices requiring action within a set period, prohibition notices stopping work immediately, and prosecute for serious breaches. In the Crown Court fines are unlimited. Directors and managers can face personal prosecution where the breach results from their decisions or failures.

What LOLER inspections are required for MEWPs?
MEWPs used to lift people require a thorough examination every six months under LOLER. The examination must be carried out by a competent person independent of the organisation using the machine. APS carries out LOLER inspections nationwide – contact us to arrange an inspection or set up a scheduled programme.

If you are selecting a MEWP for a specific application and want to ensure you have the right machine for your working environment and compliance requirements, speak to the APS team. See the full range of new machines or approved used platforms, or contact us directly to discuss your requirements.