The European Communities Act, passed by Parliament in 1972, accepted the supremacy of EU law. A principal which has also been endorsed by UK courts.

Therefore, whilst the Work at Height Regulations 2005 – Schedule 2 states a need for ‘the top guard-rail or other similar means of protection shall be at least 950 millimetres’ and ‘any intermediate guard-rail or similar means of protection shall be positioned so that any gap between it and other means of protection does not exceed 470 millimetres’;

A machine complying with BS EN 280:2013+A1:2015 (which states: ’as a minimum, consist of guard-rails at least 1,1 m high, toe-guards at least 0,15 m high and intermediate guard-rails not further than 0,55m from either guard-rails or toe-guards’ can be legally sold in the UK, as it complies with the requirements of the Machinery Directive 2006/42/EC.

No – the armour would prevent the cable from collecting in the drum provided by the manufacturer and could cause additional hazards.

No, unless a rigorous risk assessment carried out as part of planning the job indicates that this is the safest and most effective means of accessing a particular location, taking into account the availability on site of other more suitable access equipment and the practicability of providing the same within the required timescales for the task to be carried out. This will need to be taken into account during the installation process.

The employer should ensure that all Operators using the equipment are trained to operate the MCWP, with full knowledge of the controls of the equipment, safety systems and emergency procedures, risk assessment guidance and they are able to carry out pre-use/daily inspections and perform the emergency descent. The employer should also ensure that all Operators receive adequate machine-specific familiarisation, which should be conducted by a competent Demonstrator with the correct certifications, to ensure operators understand the specific machine controls and safety systems.

Demonstrators are persons, with full knowledge on the operating commands of the equipment, they are able to perform the emergency descent, carry out pre-use/daily and weekly inspections and ensuring that these take place.

In addition, they are trained in the demonstration of MCWP to others in a documented scheme, to ensure Operators understand the specific machine controls and safety systems.

The responsibility for determining the training needs of persons in respect of safety, and for making the necessary arrangements for training, rests with the individual employer. In the case of self-employed persons, the responsibility rests with themselves.

IPAF training programmes include MCWP Operator and MCWP Demonstrator, and its successful completion at an IPAF-approved training centre leads to a PAL Card, the highest international standard of quality training.

It is not normally necessary for personnel working from a vertical lift to wear fall protection equipment, other than in exceptional circumstances. 

During installation, alteration and dismantling

The work platform of an MCWP is provided with guard-rails and toe boards to protect the occupants from falling. Consequently the use of harnesses is not required during use of MCWPs unless any part of the guard-rail system has been removed by a competent person (e.g. to enhance access to the façade of a building), in which case a risk assessment should be carried out to ascertain the need for, and specification of, fall arrest/work restraint equipment. The risk of falling during installation, alteration and dismantling should be addressed in the installation, alteration and dismantling method statement.

In the event of a risk assessment requiring an anchor point for a harness, the manufacturer should be consulted.

Before attaching fall protection equipment to the work platform, the user organisation‑appointed person should ascertain both the location and suitability of anchor points.

All MCWPs used out-of-doors or otherwise exposed to wind whilst in service shall be regarded as being affected by a minimum wind pressure in accordance with:

Minimum design wind data, in service
Freestanding or MCWP during erection/dismantling: 12,7m/s (Wind velocity), 100N/m2 (Wind pressure)
Tied MCWP: 15,5m/s (Wind velocity), 150N/m2 (Wind pressure)

Wind forces are assumed to act horizontally at the centre of the wind area of the exposed structural parts of the MCWP.

The CAP (Competent Assessed Person) assessment programme is intended to provide up-to-date guidance for platform engineers on compliance with regulatory requirements and to offer documented evidence that individuals can be regarded as competent persons to plan, manage or carry out thorough examinations of powered access equipment within the context of current legislation. This is achieved through a rigorous assessment.

The much-coveted CAP (Competent Assessed Person) Card is proof of passing the CAP assessment and the engineer's ability to plan, manage or carry out thorough examinations of powered access equipment. CAP Cards are valid for five years.