Start with the WHS decision at height
A high-rise cleaning job is not simply a larger version of cleaning from a ladder. The work method, access system, worker competence and emergency arrangements all affect the risk. Insurance is part of the decision, but it does not replace a safe system of work.
Before accepting the job, establish whether the work can be done from the ground or from solid construction. If it cannot, document why higher-level controls are needed. The insurance check follows that decision. It does not determine which control is safe or rescue-capable.
Safe Work NSW gives the following direct guidance:
“There is no minimum height at which you need to take precautions. You need to take precautions to protect against falls from one level to another.”
That wording matters. A business should not treat a high-rise building as the point at which WHS duties begin. A fall from one level to another still needs to be considered.
Safe Work Australia says a person conducting a business or undertaking, or PCBU, must, so far as is reasonably practicable:
- keep workers and workplaces safe from risks associated with working at height
- eliminate or minimise those risks
- provide safe ways to enter and exit the workplace, including areas with a fall risk
- consult workers who carry out the work and are, or are likely to be, directly affected by a safety matter
- consult, cooperate and coordinate with other relevant duty holders.
Safe Work NSW also says WHS laws require a PCBU to use the hierarchy of control. Risk should be eliminated where possible. If elimination is not possible, substitution, isolation and engineering controls come before administrative controls.
For a window cleaner, that hierarchy should drive the job plan rather than the equipment order. Start with work on the ground. Then consider fall prevention, work positioning and fall arrest. Administrative controls should support the selected system, not replace a reasonably practicable physical control.
Work on the ground or on solid construction
Safe Work NSW describes solid construction as a structurally sound area with a flat and stable surface. It must be capable of supporting workers and materials, have fall protection around its perimeter and other fall hazards, and provide a safe means of entry and exit.
Before agreeing to suspended work, ask practical questions:
- Can the windows be cleaned from the ground?
- Is there a stable construction, balcony or platform that removes the need to suspend a worker?
- Can a fall-prevention device reach the work area?
- Is there safe access to that work area, including entry and exit?
- Would another cleaning method avoid the exposure altogether?
If the answer is no, the reason should be recorded in the job planning. “The client requested rope access” is not a safety justification by itself. The business must be able to explain why higher controls in the hierarchy are not reasonably practicable.
Match the control to the height risk
Fall prevention
Safe Work NSW says a fall-prevention device must be used where reasonably practicable. Its examples include:
- scaffolds
- elevating work platforms
- mast climbing work platforms
- work boxes
- building maintenance units
- perimeter guardrails
- secure fences, barriers and covers.
A fall-prevention device physically prevents a person from reaching a fall hazard. That makes it different from relying on a harness after a fall has occurred.
Safe Work Australia says fall prevention should be considered when planning the work. Once properly installed, a fall-prevention device should not need adjustment during the job. The business must have procedures explaining how to install, use and maintain it correctly.
Before accepting a high-rise job, check whether the proposed platform or barrier actually reaches the cleaning area. It must suit the structure and the work, not merely appear on the equipment list. Safe entry and exit remain part of the work plan.
Work positioning
Safe Work NSW says a work-positioning system can only be considered when it is not reasonably practicable to use a fall-prevention device.
A work-positioning system is a harness-based system that either:
- prevents a person reaching the fall hazard, such as through total restraint; or
- supports a person working in tension.
The regulator expressly gives industrial rope access systems as an example of a work-positioning system.
Safe Work Australia states that workers and supervisors must have the skills to use work positioning systems safely. Owning a rope-access rig does not demonstrate that competence. The business needs a defensible way to show that the people installing, supervising and using the system understand the selected method and their roles.
For an industrial rope-access job, the work plan should identify the system being used and why a fall-prevention device is not reasonably practicable. It should also make clear who supervises the work, how workers and supervisors demonstrate the required skills, and how the equipment is installed, used and maintained.
Do not assume that a general induction or the presence of experienced-looking gear is enough. Ask what training and competency assessment support the work. The appropriate answer will depend on the system and the people involved.
Fall arrest
Safe Work NSW says a fall-arrest system can only be used when it is not reasonably practicable to use either a fall-prevention device or a work-positioning system. Examples it gives are a safety net or catch platform.
The distinction is important. Work positioning supports a person while they carry out the task. Fall arrest is intended to catch or arrest a person after a fall has occurred. A business should not describe one as the other when choosing insurance or preparing the work plan.
Safe Work Australia says a combination of controls may be needed to minimise the risk sufficiently. A high-rise job may therefore involve more than one control rather than a single rope, harness or platform.
Before accepting the work, record:
- the work area and fall exposure
- the control selected
- why controls higher in the hierarchy are not reasonably practicable
- who installs and inspects the system
- who supervises the workers
- how workers and supervisors have the skills to use it safely
- how the system will be maintained
- how a worker enters and exits the work position safely.
The document should describe the actual job. A generic method for “rope access” does not answer whether it suits the building, access route, structure or cleaning task.
Rescue capability must exist before the work starts
Safe Work Australia places emergency and rescue arrangements directly into the work-at-height risk controls. Before a fall-arrest system is used, an emergency and rescue procedure must be in place, and the procedure must be tested. The rescue arrangements are not an optional service to organise after somebody has fallen.
Rescue capability means the business can actually put the procedure into action. A procedure that names nobody, relies on equipment nobody carries or assumes an untrained person can improvise is not a demonstrated capability.
There is no single format that suits every rope-access site. A site-specific procedure should answer the practical questions that may decide whether rescue can begin promptly and safely:
- What emergencies does the procedure cover?
- Who makes the emergency call?
- Who is expected to perform the rescue?
- What alternative rescuer is available if the first person cannot attend?
- What rescue equipment is required?
- Is the equipment compatible with the rope-access system?
- Has the equipment been positioned so it is available when needed?
- How will the rescuer reach the suspended worker?
- How will the rescuer’s own exposure be controlled?
- How will communication be maintained?
- How will site access be obtained, including any locked gates or restricted areas?
- How will the worker be handed over for further assistance?
These are planning questions, not a substitute for a tested procedure. The procedure should reflect the actual system and site. If the rope, anchor arrangement, access route, rescue method or worker role changes, the plan should be reviewed again.
Testing should involve more than reading the procedure aloud. The people involved need to know what they must do and what the business expects them to do. Problems found during a test should be recorded and corrected before relying on the arrangement.
Even where the selected control is work positioning rather than fall arrest, rescue planning remains prudent where a worker could be suspended or seriously injured. The express Safe Work Australia requirement for an in-place and tested emergency and rescue procedure applies to the use of a fall-arrest system.
A sub-standard rescue plan is a business risk before it becomes a claim. It can expose the suspended worker, the rescuer and others at the site to further danger. It can also leave the business unable to demonstrate a workable response when emergency and rescue measures are part of the risk assessment.
What rescue cover means for insurance
Rescue capability and rescue insurance are different.
Rescue capability is the people, equipment, planning and testing that may allow action to be taken. Rescue cover is whatever a particular policy agrees to pay for under its wording. One does not create the other.
Do not assume that public liability, portable equipment insurance or Workers Compensation automatically pays every cost associated with a rescue. Each type has a different subject matter:
- Public liability is directed at certain third-party death, injury or property damage caused by negligence.
- Portable equipment insurance is directed at accidental loss, damage or theft of covered tools and equipment taken to a job.
- Workers Compensation relates to work-related injury claims for covered workers, subject to the scheme and policy rules.
An insurer or broker assessing a rope-access job may need to understand the access method, fall-arrest system, emergency procedure and rescue arrangements. Provide the actual facts. Do not simply state that a rescue plan exists if it has not been tested or if the proposed rescue equipment is not available.
Ask for the rescue wording in the policy response. The quote should make clear whether any rescue-related costs or losses are covered and what conditions apply. Any premium, excess or rescue limit for the job must come from a quote based on its own facts. There is no responsible single figure that can be applied across high-rise window-cleaning jobs.
Public liability and damage to third-party property
business.gov.au defines the role of public liability this way:
“Public liability insurance covers you if someone dies, gets injured or has their property damaged because of your negligence.”
For high-rise cleaning, the relevant property is not selected by the object that caused the loss. The central question is whose property was damaged and whether your negligence caused it.
A dropped bucket that chips a third party’s workbench may lead to a property-damage claim. A cleaning tool that damages client property can do the same. A broken pane or dropped object that damages a building surface, interior or other property may also create a third-party exposure.
The word “may” matters. A public liability policy does not turn every dropped object into an insured claim. The circumstances, negligence, legal liability and policy terms all matter. Ask the policy wording what property damage is covered, what exclusions apply and what excess has been agreed.
business.gov.au also says public liability may cover consequential loss where negligence causes another business to lose expected revenue. That shows why the type of property damage and the resulting loss can matter. A claim should describe the damage and its consequences accurately rather than reducing everything to the cost of replacing a bucket or pane.
Public liability should not be confused with insurance for the cleaning business’s own equipment. If a contractor’s bucket is damaged in the same event, the ownership of that bucket and the terms applying to it need separate consideration.
The insurer or broker should also be told whether the client, a building owner, another contractor or another party owns the glass, structure, access equipment and damaged property. A claim can depend on who controlled the item and the relevant legal relationship.
Portable equipment and the rope-access rig
business.gov.au says portable equipment insurance covers accidental loss, damage or theft. It is designed for tools and electrical equipment taken to a job.
A rope-access rig, harness, rope and related items moved from the vehicle to the work site are portable items in the ordinary sense. Portable equipment cover is therefore the section a window cleaner should ask about for owned access gear.
That does not mean every item is automatically included. Check the policy definition, ownership and schedule. Ask specifically about:
- the ropes and access lines
- harnesses
- descenders and rope-access hardware
- connectors and other system components
- temporary anchors and rigging equipment
- rescue equipment
- mechanical or powered access items used on the job
- equipment supplied by the cleaner but hired or supplied by the client
An anchor needs a separate ownership check. A permanent anchor that forms part of the building may remain the property of the client or building owner. A temporary anchor or rigging component owned and carried by the cleaner presents a different question. Listing every fitting as the cleaner’s property merely because it was used on the job can produce a mismatch at claim time.
Portable equipment cover responds to accidental loss, damage or theft of covered property. Do not assume every form of deterioration, defect or operational failure is included. Ask what the policy excludes and how the particular item is described.
The equipment schedule should reflect the real value and ownership of the job kit. Any cover limit or excess must be confirmed by a quote. It cannot be inferred from the fact that the job involves “rope access”.
Workers Compensation and wage declaration in NSW
This section is specifically about NSW. It should not be applied as a general Australian rule.
icare NSW says every employer’s business is assigned a Workers Compensation Industry Classification, or WIC, based on its predominant business activity. The classification rate reflects the risk associated with that industry.
icare also explains that an employer’s premium starts with a calculation multiplying the company’s wages by its WIC rate. The WIC rates are revised every year to reflect the recent past performance of each industry.
Accurate classification and wage declaration therefore matter. Describe the actual predominant business activity rather than relying on a convenient label. For a cleaning insurer or Workers Compensation provider, set out the work the business really performs, including any high-rise and rope-access work, and keep the payroll declaration aligned with the records.
Do not try to select a WIC or estimate wages to obtain a preferred result. Ask icare NSW for guidance if the predominant activity, payroll treatment or business structure is unclear.
icare NSW sets out an exemption for an employer that meets all of these conditions:
- pays $7,500 or less in wages in a financial year
- does not hire an apprentice or trainee
- is not part of a group of businesses.
If the business is exempt, icare says the employer must still act if someone is injured at work. It says to contact icare Workers Compensation on 13 44 22 about work-related injuries. icare also states that a claim made against an exempt employer will be charged a $175 administration fee. These are NSW figures, not a workers compensation premium and not a general Australian threshold.
The exemption is conditional. If the business hires an apprentice or trainee, joins a group or moves beyond the stated NSW wage level, the position must be checked again.
icare NSW also distinguishes a sole trader from a business with employees. A sole trader, proprietor or partner cannot cover themselves with Workers Compensation. A sole trader with no workers does not need a Workers Compensation policy for those workers. icare points to personal accident and illness insurance or income protection as possible options for the individual.
Trust arrangements also need care. icare says a person paid by a trust is counted as a worker and needs Workers Compensation insurance. Payments made by the trust instead of wages are still counted when calculating Workers Compensation premiums. Payments to people who do not work for the trust are not counted as wages and those people cannot claim Workers Compensation for a work-related injury.
Before accepting a high-rise contract, the business should check its NSW classification, payroll figures, worker arrangements and trust or contracting structure. A high-risk job does not change what the declared business activity actually is. Any Workers Compensation premium must be calculated from the correct facts and confirmed through the applicable process.
The pre-acceptance checklist
Do not accept a high-rise or industrial rope-access job until the work and insurance decisions are connected in one file. The file should show:
- The ground or solid-construction option was considered first.
- The reason a fall-prevention device is not reasonably practicable, if rope access or another work-positioning system is proposed.
- The reason a fall-arrest system is appropriate, if one is proposed.
- Workers and supervisors have the skills required to use the selected work-positioning system safely.
- The access, entry and exit arrangements are safe and specific to the site.
- The emergency and rescue procedure is written, available and tested.
- The rescue equipment and people identified in the procedure are actually available.
- Public liability has been considered for negligence-related damage to third-party property.
- The ownership of every tool, access component, anchor and rescue item is clear.
- Portable equipment cover has been checked against the real equipment list and schedule.
- The NSW WIC classification and wage declaration reflect the actual predominant business.
- Any rescue response, premium, excess or equipment limit is established from the job-specific quote.
If the work method, worker competence or rescue capability remains unresolved, resolve it before work starts. If the site, access system or job scope changes, review the controls and insurance response again. The safest point to discover an informal rescue plan is before the job is accepted, not when it is needed.