Legislation
NEW LIFTS
The Regulations below apply to new lifts. Some of them are common to both new and in-service lifts. This is not a comprehensive list of all the legislation that applies to lifts but is an indication of the complexity of the law.
- Lifts Regulations 1997
- The Construction (Design & Management) Regulations 2007
- Disability Discrimination Act 1995
IN-SERVICE LIFTS
- Health & Safety at Work Act 1974
- Management of Health & Safety at Work Regulations 1999
- Workplace (Health, Safety & Welfare) Regulations 1992
- Provision & Use of Work Equipment Regulations 1998
- Lifting Operations & Lifting Equipment Regulations 1998
- Disability Discrimination Act 1995
- For 15 years prior to 1998, people with an interest in lifts recognised that the Guidance Note PM7 issued by the Health & Safety Executive (HSE) entitled ‘Lifts: Thorough Examination and Testing’ required revision.
- In 1998 The Safety Assessment Federation (SAFed) published ‘Lifts Guidelines: Guidelines on the Thorough Examination and Testing of Lifts’ commonly referred to as LG1 which replaced PM7.
- LG1 has in turn been withdrawn and superseded by ‘Guidelines on the supplementary tests of in-service lifts’ published in February 2006.
- These Supplementary tests can be requested by the competent person in support of the Thorough Examination as result of a risk assessment that the competent person carries out on site.
SAFed state in their Foreword to the 2006 Guidelines state that “if the guidance provided is followed, it will normally be regarded as sufficient to comply with health & safety law in respect of supplementary testing in support of the thorough examination.” The objective is to ensure the condition of any type of lift is safe for all persons with access to it.
Legislation that implemented European Directives enacted since 1992 has profound safety implications for anyone ‘in control’ of a lift. Supplementary tests are designed to comply with all existing legislation but do not replace the need for regular maintenance.
Qualified LIFTSURVEY consultants can carry out Supplementary tests on lifts.
A THOROUGH EXAMINATION (AS REQUIRED BY L.O.L.E.R. 1998)
is a detailed examination, performed by a ‘competent person’: its purpose is to determine the condition of the lift installation and report upon its suitability for continued safe use. A thorough examination may, in the judgement of the competent person, be supplemented by:
- additional tests and/or examinations
- dismantling
- access to, or removal of, hidden parts
A COMPETENT PERSON²
is defined as: someone who has such practical and theoretical knowledge and actual experience of the type of machinery or plant which they have to examine as will enable them to detect defects or weaknesses which it is the purpose of the examination to discover; and to assess their importance in relation to the strength and functions of the particular machinery or plant. The term ‘competent person’ can refer both to individuals and to the companies by whom they are employed.
A report of examination produced as a result of the Thorough Examination indicates the condition of the lift at that time. The absence of any defects requiring attention – either immediately or within a specified period – implies that, subject to normal use, no change of duties and with adequate maintenance, the lift is suitable for safe use until the next scheduled Thorough Examination. The statutory Thorough Examination of lifts must be carried out by a competent person.
OWNER/OCCUPIER RESPONSIBLITIES
The owner/occupier of the premises in which lift(s) are installed has the following responsibilities:
- ensuring that statutory periodic thorough examinations are undertaken.
- having any necessary remedial action carried out by a competent repairer.
- informing the ‘competent person’ of all relevant in-house safety procedures.
- providing such preparation/assistance – including unrestricted safe access as is requested by the ‘competent person’.
- having copies of relevant records readily available for review by the competent person.
- ensuring that, where a ‘competent person’ directs that tests or detailed examinations of certain components be performed by a competent third party, that the third party is suitable for such works.
- conveying to the ‘competent person’ an appropriate record of the results of tests or examinations performed by competent third parties.
ACTIONS DETERMINED BY THE FINDINGS OF A STATUTORY THOROUGH EXAMINATION
The ‘competent person’ shall, on completion of the thorough examination, be responsible for;
- issuing a report to the owner/occupier, as soon as is practicable, on the condition of the lift
- notifying the owner/occupier, immediately if a defect which is or could become a danger to persons is found. In the event of the building being unattended by a person of responsibility the ‘competent person’ should arrange whenever possible for the lift to be isolated and made safe.
- notifying the owner/occupier of the period within which a defect does not present an immediate danger to persons should, in the opinion of the ‘competent person’, be remedied.
- sending to the relevant enforcing authority, as soon as is practicable, a copy of the report relating to a defect which creates an existing or imminent risk of serious personal injury.
The duties of a ‘competent person’ are complete when a thorough examination has been carried out and a report issued.
LIMITATIONS TO THE DUTIES AND RESPONSIBILITIES OF A COMPETENT PERSON
The ‘competent person’ shall request, but not search for, the information described above. Nevertheless, the absence of such information shall not preclude the carrying out of a thorough examination and issuing of a report.
- performing any preparation other than the opening of simple inspection covers.
- specifying how defects will be repaired.
- making the owner/occupier aware of their responsibility to all lift users.
- checking prior to the next scheduled thorough examination that remedial work has been carried out.
²
