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This information sheet contains notes on good practice, which,
unless they are part of the legislation, are not compulsory, but
may be helpful in considering what a lift owner or 'duty holder'
should do. They are intended to supplement the legislation and the
approved code of practice and guidance advised by the Health and
Safety Executive.
Lift Owner or 'Duty Holder'
The owner or 'duty holder' is a person designated responsible for
the safe and suitable operation of the lift. It would normally be
a 'facilities manager' or supervisor, but could also be a 'tenant's
association' in a residential block or other such organisation responsible
for ensuring the (funding for) safety of the lift. The owner of
the property in which the lift is situated would normally be responsible
if no such other person or group had been appointed.
Duty of Care - General (All Lifts)
Everyone has a responsibility to take reasonable steps to avoid
acts or omissions, which would be foreseeable as injuring other
persons. Lift owners or duty holders have a specific responsibility
to ensure the safety of others, while using the lift. In particular
they are responsible for the safe use of the lift, which includes
its safe operation, condition (maintenance) and compliance with
relevant statutory requirements.
They may be required to explain to the authorities how these responsibilities
have been discharged. This is usually by way of providing evidence
of a regular servicing and maintenance regime together with a record
of periodic thorough examinations by a competent person. The duty
holder is responsible for ensuring the person undertaking the examination
is competent. SAFed member companies train, underwrite and only
employ competent persons to carry out thorough examinations in a
safe manner and are accredited to do this by sole government recognised
accreditation body (the United Kingdom Accreditation Service - UKAS).
Workplace Lifts
In addition to the 'duty of care' responsibility owners and 'duty
holders' of workplace lifts have to comply with the additional legislation
of LOLER 1998, which stipulates, among other things, the requirement
and periodicity for a thorough examination of the lift by a competent
person (6 months for personnel, 12 month for loads only).
Other (Residential) Lifts
Lifts, whose primary use is not work (ie residential lifts, lifts
in shopping centres etc), would not normally come under the regulations
of LOLER 1998. If in doubt a lift duty holder is recommended to
seek advice from the local authority. Irrespective of this, SAFed
recommends that all lifts should be subject to an effective servicing
regime and thorough examination by a competent person. The latter
could be under a scheme of examination considering the characteristics,
age, environment and use of the lift. Complying with LOLER 1998
would normally demonstrate a 'duty of care' in this respect.
Other relevant information
Further information, including the role and specific responsibilities
of lift duty holders, can be gained from the HSE website: http://www.hse.gov.uk.
[Click on publications (home page top left) then 'L' in the alphabetical
list, 'Lifting Operations' and chose the appropriate HSE document.]
SAFed also provides advice and guidance to the industry. Lift Guidance
1 (LG1) is specific guidance for the competent person carrying out
the thorough examination (not the servicing engineer) in calling
for supplementary tests to ensure the continued safety of the lift.
It is not mandatory but would be an integral part of the thorough
examination. LG1 is primarily aimed at the professional industry
but is available for purchase in our publications
section.
Safety Assessment Federation (SAFed)
The Safety Assessment Federation (SAFed) is the UK leading trade
association, for the independent engineering inspection and certification
industry. All SAFed Full Member Companies are accredited by UKAS
to formal international standards to provide thorough examination
services by a competent person to national regulations (LOLER, PUWER
and HSWA etc). They do not maintain, service, supply or manufacture
equipment, ensuring customers receive fully independent, comprehensive
and professional service. SAFed also provides advice, guidelines
and publications, acknowledged as best practice within the industry.
Health & Safety at Work etc Act (HSWA)1974
Lifting Operations and Lifting Equipment Regulations (LOLER) 1998
Safe Use of Lifting Equipment - HSE Books L113 (ISBN: 0-7176-1628-2)
BS EN ISO 17020
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