Falls from height and scaffolding: assess, prevent and secure in construction and industry

1. Introduction – A cross-cutting and still relevant risk

Falls from height remain the leading cause of serious and fatal accidents at work in France, accounting for nearly 20% of fatal accidents according to the INRS (2023). In the construction industry, they particularly concern work on scaffolding, but industry and maintenance are not spared (technical shutdowns, interventions on machines, facade or workshop work).

Scaffolding that is poorly erected, unchecked, or used without compliance with safety regulations can turn an ordinary construction site into a tragedy. These accidents not only lead to dramatic human consequences, but also significant legal and economic consequences for the company: production shutdowns, criminal sanctions, recognition of inexcusable fault, and damage to the company's image.

In France, the prevention of falls from height is covered by the Labour Code , French and European technical standards , and case law , which regularly reminds employers of their obligations.

2. The regulatory framework: Labor Code and employer obligations

The Labor Code imposes a general safety obligation on the employer (art. L. 4121-1 to L. 4121-5):

"The employer shall take the necessary measures to ensure the safety and protect the physical and mental health of workers. These measures include prevention, information and training actions, as well as the implementation of an appropriate organization and means."

Applied to scaffolding, this results in precise requirements:

• Article R. 4323-69 : “The assembly, dismantling or modification of scaffolding is carried out under the direction of a competent person and by workers who have received adequate and specific training.”

• Article R. 4323-72 : obligation to check the scaffolding before first use, after any modification or event likely to have affected it (falling object, bad weather).

• Article R. 4323-77 : obligation to keep a register of checks .

• Article R. 4141-13 : obligation of practical safety training for workers exposed to particular risks (including working at height).

Construction context : a specific health and safety plan (PPSPS) must include measures specific to scaffolding. Industry/maintenance context : in the event of co-activity, a prevention plan (art. R. 4512-6 et seq.) must be established between the user company and the external company.

3. Applicable French and European standards

The standards complement the Labor Code by specifying technical requirements.

Correspondence table requirements → practical actions

Reference	Object	Key requirements	Practical actions
NF EN 12810 / 12811	Facade scaffolding (components and performance requirements)	Mechanical resistance, stability, floors, guardrails	Check compliance with the manufacturer, receipt of the scaffolding before use
NF EN 1004-1 (2021)	Rolling scaffolding	Max height, floor width, wind stability, integrated access devices	Check wheel lock, do not use in strong winds, follow manufacturer's instructions
NF P 93-520	Assembly, disassembly, transformation (MDS)	Mandatory training of fitters, compliance with operating procedures	Control the authorization of MDS employees, monitoring of operating procedures
NF EN 363 / 365	Fall arrest systems (fall protection PPE)	Harnesses, lanyards, energy absorbers, compliant anchors	Annual periodic inspection of PPE, practical training in use
Order of 21/12/2004	Periodic general checks	Checks before commissioning, every 3 months, recording in the register	Establish a written procedure for periodic verification

👉 Translation for the employer : ensure regulatory compliance + normative compliance = reinforced security obligation.

Step-by-step methodology for assessing fall risk

Step 1: Analyze the task

• What is the working height ?

• How long is the exposure ?

• What are the environmental conditions (wind, soft ground, rain)?

• Is there any co-activity with other trades?

  
  

Step 2: Identify danger zones

• Unprotected floor edges.

• Hoppers, openings, passage areas.

• Access to scaffolding (stairs, ladders).

  
  

Step 3: Assess the risk (rating grid)

Criteria	Rating (1 to 5)	Example
Gravity	1 = mild, 5 = fatal	6 m fall = gravity 5
Probability	1 = rare, 5 = common	Assembly/disassembly = probability 4
Mastery	1 = complete mastery, 5 = not mastered	Absence of guardrails = control 5

Overall Score = Severity × Likelihood × Control

👉 Risk > 50 = unacceptable , requires work stoppage until correction.

Step 4: Choose the access method – Decision tree

• Duration < 1 hour : PIRL or basket.

• Duration > 1 hour, height < 2.5 m : rolling scaffolding compliant with NF EN 1004-1.

• Duration > 1 hour, height > 2.5 m : foot scaffolding (NF EN 12810/12811).

• Complex access work : multidirectional scaffolding or lifeline with PPE.

  
  

Step 5: Define prevention measures

• Prioritize collective protection (floors, guardrails, nets) before PPE.

• Check the competence of the fitters (MDS training).

• Record the checks in the register.

  
  

5. Practical tools for preventionists

The assembly, dismantling and modification of scaffolding must be carried out under the direction of a competent person by workers specifically trained in the assembly, dismantling and transformation of scaffolding (mandatory training, with certificate).

Reference: articles R.4323-69 to R.4323-80 of the Labor Code + decree of December 21, 2004 relating to safety training for workers working on scaffolding.

👉 This concerns both rolling scaffolds (R457) and fixed foot scaffolds (R408) .

An initial acceptance must be carried out before first use. It must be carried out by the head of the establishment or his competent representative (e.g. site manager, safety manager), in consultation with the scaffolder . The acceptance is recorded in writing (report or acceptance form).

5.1 Scaffolding reception checklist

• Compliance with the assembly plan.

• Stability on solid supports.

• Anchors present and correct.

• Continuous, flawless floors.

• Guardrails and baseboards in place.

• Secure access.

• Absence of deformed elements.

• Compliant signage.

• Check after bad weather.

• Recording in register.

5.2 Daily verification checklist (10 points)

The use of scaffolding is reserved for workers who have received safety training appropriate to the use of scaffolding (separate from assembly training).

• Wheel locks (rolling scaffolding).

• Good condition of the floors.

• Guardrails not moved.

• No overload.

• No objects stored at height.

• No wild modifications.

• Signage always visible.

• Suitable weather conditions.

• Clear access.

• Visual inspection of anchors.

  
  

5.3 Recording in the security register

• Date and time of verification.

• Identity of the verifier.

• Findings and anomalies.

• Corrective measures taken.

• Responsible signature.

6. Recent and significant case law

Case law regularly highlights the criminal and civil liability of employers. Some examples:

1. Cass. crim., October 15, 2019, no. 18-83.980 An employee fell 4 m from a rolling scaffold without a guardrail. The employer was convicted of unintentional injury and failure to comply with its safety obligations.

2. Lyon Court of Appeal, March 12, 2020, No. 18/04567 Serious accident during maintenance of an industrial boiler. The scaffolding had not been approved or recorded. The user company was declared civilly liable and ordered to compensate the victim.

3. Cass. crim., March 23, 2021, no. 20-82.642 A scaffolder fell to his death during dismantling without MDS training. The company was convicted of involuntary manslaughter and failure to comply with the training requirement.

4. Marseille TGI, April 5, 2022, No. 20/01245 The employer's inexcusable fault was found following the failure to carry out periodic checks on a façade scaffold. Conviction: increase in the AT pension and damages.

   
   

👉 These cases show that the lack of safeguards, training, reception or recording can lead to criminal and civil liability for employers.

7. From prevention to education: diagrams and infographics

For a younger audience, visual education is essential. Infographics can represent:

• Danger zones on scaffolding (edges, hoppers, passage areas).

• Compliant guardrails (height 1 m, plinth 15 cm, intermediate rail).

• Fall distances and fall factor with PPE.

• Do / Don't :

  • Do ✅: block the wheels, check the floors, use integrated access.

  • Don't ❌: move scaffolding with an employee on it, store heavy materials at height, tinker with access.

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8. Conclusion – Safety at height, a shared responsibility

Preventing falls from height on scaffolding is at the crossroads of three issues:

• Human : protect the life and health of workers.

• Economical : reduce downtime, compensation, production losses.

• Legal : avoid criminal convictions and inexcusable misconduct.

  
  

Risk assessment must be integrated into the DUERP and updated regularly. For the employer, acting quickly and effectively not only fulfills a legal obligation, but also strengthens the company's social performance.

Evaluating, preventing and securing scaffolding is an investment in the sustainability of the organization and in the trust of employees.