Health & Safety

The following information is taken from "The guidelines on the thorough examination and testing of lifts" issued by the safety assessment federation.

FOREWORD

These guidelines have been prepared by the Safety Assessment Federation in full consultation with the Health and Safety Executive and other significantly interested parties within the lift industry. This publication should not be regarded as an authoritative interpretation of the law; however, if the guidance provided is followed, it will normally be regarded as sufficient to comply with health and safety law.

The Health and Safety Executive believes that the contents of this publication represent good practice in the lift industry and commends its use.

INTRODUCTION

In 1977, with the aim of ensuring the continued safety of lifts and hoists, the Health and Safety Executive (HSE) issued Guidance Note PM7 entitled Lifts: Thorough examination and testing which was revised in 1982. This new document - which has been formulated by a working group comprising lift manufacturers, users and inspection bodies, chaired by the Health and Safety Executive - supersedes PM7 and addresses additional requirements for hydraulic lifts and scenic lifts. (A list of working group members may be found at Appendix 11).

The overall aim of this new document is to achieve consistency of examination and testing, establish agreed methods and reporting requirements, and to present periodicities for examinations and tests. Where variations in examination and test requirements do occur, these will reflect the results of risk assessments carried out on the equipment in question.

This document has been framed in the context of the requirements of The Provision and Use of Work Equipment Regulations 1998 (PUWER) and The Lifting Operations and lifting Equipment Regulations 1998 (LOLER). A legal commentary - including the legal requirements for the maintenance of lifts - is contained in Chapter 2; the role and responsibilities of the competent person are set out in Chapter 5.

The contents of this document do not replace any aspect of the maintenance requirements for lifts and, while the guidance does not preclude the introduction and use of new technologies or test techniques, the suitability of such new technologies or techniques should be agreed by the lift owner, the competent person and any other relevant party prior to their application.

LEGAL COMMENTARY

2.1 INTRODUCTION
The law places duties on all persons concerned with lifts - both those who provide or make available lifts for use at work, and those involved with work on lifts. For many decades there have been obligations on the occupiers and those in control of certain premises (principally factories, offices and shops) where lifts are installed, to ensure the integrity of the lifts and to arrange for their periodic thorough examination by a competent person. This premises-specific legislation is being replaced by law applying at all places where people are at work and, for the first time, there will be standard requirements on all those concerned with the safe operation of lifts. This Chapter outlines those legal duties and points the reader towards further relevant guidance material.

2.2 THE LAW OUTLINED
Legislation relating to the use of lifts at work includes the:
* Health & Safety at Work etc Act 1974 (HSWA)
* Management of Health & Safety at Work Regulations 1992 (MHSWR)
* Workplace (Health, Safety & Welfare) Regulations 1992 (WPR)
* Provision & Use of Work Equipment Regulations 1998 (PUWER)
* Lifting Operations & Lifting Equipment Regulations 1998 (LOLER)
* Reporting of Injuries, Diseases & Dangerous Occurrences Regulations1995 (RIDDOR)

2.2.1 Health & Safety at Work etc Act 1974 (HSWA)
HSWA places a duty on employers to ensure the health and safety of employees and others who may be affected by their work activities. Similar duties are placed on the self-employed and persons in control of premises. Employees, managers and directors also have responsibilities.

2.2.2 Management of Health & Safety at Work Regulations 1992 (MHSWR)
Under MHSWR, employers and self-employed people must assess risks to health and safety from their undertaking. This includes risks from the use of lifts in their building, including the operation of the lift machinery. The risk assessment should identify what measures are needed to comply with health and safety requirements. The duty holder should then put in place the organisation and arrangements to ensure that those measures are properly implemented.

5.2 OWNER/OCCUPIER RESPONSIBILITIES

The owner/occupier of the premises in which the 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 See Chapter 2

· 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, 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.

5.3 ACTIONS DETERMINED BY THE FINDINGS OF A STATUTORY THOROUGH EXAMINATION

5.3.1 Competent person responsibilities
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 that 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.

5.4 LIMITATIONS TO THE DUTIES AND RESPONSIBILITIES OF A COMPETENT PERSON

The competent person shall request, but need not search for, the information described in Section 5.3 above. Nevertheless, the absence of such information shall not preclude the carrying out of a thorough examination and issuing of a report.

The competent person is not responsible for:

- Performing any preparation other than the opening of simple inspection covers
- Specifying how defects should 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.
Safety Assessment Federation
The Safety Assessment Federation, more commonly known as SAFed has recently issued new guidelines on the examination and testing of lifts to ensure their safe operation.

To help you understand more about SAFed, some responses to commonly asked questions follow:
Who is SAFed?
- The Safety Assessment Federation - SAFed - represents the interests of companies engaged in independent inspection, testing and certification of engineering and manufacturing plant, systems and machinery. The guidelines have been prepared by the Safety Assessment Federation in full consultation with the Health and Safety Executive and other significantly interested parties within the lift industry.

Why have new guidelines been issued?
- In 1977 the Health and Safety Executive (HSE) issued Guidance Note PM7, on the thorough examination and testing of lifts, with the aim of ensuring the continued safety of lifts and hoists. This guidance note drew attention to the need to expose and/or test certain components, which by virtue of their construction and accessibility would not necessarily be visible at the periodic thorough examination.

However, the examinations and tests provided for in Guidance Note PM7 were found to be open to interpretation. Experience has shown that the examinations were not carried out in a consistent manner and the results of these examinations and tests were often not presented clearly. The SAFed guidance note has been written with the view to redress this situation and achieve consistency through agreed methods, reporting requirements and frequency of examination.

The SAFed guidance note supersedes the Guidance Note PM7 and addresses additional requirements for hydraulic and scenic lifts. The SAFed guidance supports the new Provision and Use of Work Equipment Regulations 1998 (PUWER) and the Lift Operations and Lifting Equipment Regulations 1998 (LOLER) that came into effect in December 1998.

Is the new SAFed guideline law?
- The Health and Safety Executive believes that the guidelines represent good practice in the lift industry and commends their use. They should not be regarded as an authoritative interpretation of the law however, if the guidance provided is followed; it will normally be regarded as sufficient to comply with the health and safety law.