The Management of Health and Safety at Work Regulations 1999 make it clear that employers must assess the risks to the health and safety of their employees and members of the public who might be affected by the work.
The Construction (Design and Management) Regulations 2015 state that commercial clients must ensure their projects are suitably managed so as to ensure the health and safety of all who might be affected by the work, including members of the public. For domestic clients it is the builder, scaffolder or contractor who is using the scaffolding who is responsible for maintaining safety on site.
Failure to provide a safe environment can lead to unlimited fines and up to two years in prison. The HSE regularly prosecute contractors and other scaffold clients for a failure to carry out comprehensive inspections by a qualified person.