We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk
Bolton resident dies in lift shaft fall
A property management company has been fined after a resident of an apartment block in Bolton died after falling down a lift shaft.
Bolton Crown Court heard how the resident and a friend were trapped in a lift and unable to raise the alarm. They attempted a self-rescue by forcing the doors open and sliding out onto the floor below.
The resident slipped under the lift car and fell five stories down the lift shaft and died of multiple injuries. His friend escaped unhurt.
An investigation by the Health and Safety Executive (HSE) into the incident which occurred in August 2014 found that the management company for the building failed to take suitable and sufficient steps to prevent the resident and his friend self-rescuing.
The management company pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974, and was fined £120,000 and ordered to pay costs of £45,000.
Speaking after the hearing HSE inspector Sarah Taylor said: “Those who manage lifts have a responsibility to ensure they are properly maintained but if people are trapped they have a way to raise the alarm and are not in a position to try and rescue themselves.
“The problems with this lift were well known and if [the management company] had fulfilled their health and safety responsibilities [the resident] would probably be around to celebrate Christmas with his family this weekend.”
Passenger lifts and escalators
Lifts provided for use by workers in workplaces are subject to the Lifting Operations and Lifting Equipment Regulations (LOLER). However, in most cases lifting equipment which is not provided for, or used by, people at work (eg stair lifts in private dwellings and platform lifts in shops used for customer access) will not be subject to either LOLER or PUWER. But businesses providing this equipment will have responsibilities for its safety (it will require routine maintenance and inspection).
LOLER does not apply to escalators or any travelators / moving walkways which transport people, even though they may ‘lift’ people from one level to another. Such equipment is covered by regulation 19 of the Workplace (Health, Safety and Welfare) Regulations.
However, escalators and similar machines, platform and stair lifts, and all conventional passenger lifts must meet the requirements for safety and conformity of either the Machinery or Lift Directives in their design, construction and installation, when first brought into use. (Note: stair lifts, certain slow moving platform lifts (less that 0.15 m/s) and construction hoists come within scope of the Machinery Directive instead of the Lifts Directive).
Passenger lifts used by people at work
Passenger lifts and combined goods / passenger lifts in workplaces (eg offices and factories) which are primarily used by people at work, are subject to periodic thorough examination and inspection, as required by LOLER and PUWER. Guidance for lift owners and others responsible for the examination and testing of lifts is available in: Thorough examination and testing of lifts: Simple guidance for lift owners (http://www.hse.gov.uk/pubns/indg339.htm)
Passenger lifts used by people who are not at work
LOLER (and PUWER) may not apply where a passenger lift is not used by people at work (eg in public areas of a shopping centre). However, if the lift is operated by – or to some extent under the control of – an employer or self-employed person in connection with their business, they still have some responsibility for the health and safety of people they don’t employ. This includes members of the public who use the lift and those people who may work on or inspect the lift.
Section 3 of the Health and Safety at Work Act imposes these general responsibilities, so far as reasonably practicable. As the risks may be the same as when using lifts in connection with work, a similar regime of maintenance, inspection and examination to that required under LOLER and PUWER may be entirely ‘reasonably practicable’ in managing the risks. In any case, insurers may impose demands for similarly stringent levels of risk management to cover public liability.
Escalators and moving walkways
Guidelines for the safe operation of escalators and moving walks (walkways) have been prepared by the Safety Assessment Federation in consultation with HSE. This document provides considerable guidance on the duties and responsibilities of those who:
- manufacture, supply and install escalators and moving walkways
- design premises where they are to be installed
- own or manage premises in which they are installed, and
- inspect and examine escalators and moving walkways
Although not subject to LOLER, these detailed guidelines recommend thorough examination of escalators and moving walkways, normally at six-monthly intervals.
Where provided as work equipment for use by employees, stair lifts will be subject to the requirements of LOLER (thorough examination) and PUWER (maintenance and inspection). Where they are not, but are still provided in connection with an undertaking (eg in work environments where the public or visitors may use them), employers and the self-employed will have responsibilities for the safety of all users under Section 3 of the Health & Safety at Work etc Act 1974. These may be adequately discharged by undertaking maintenance, and inspection, and 6 monthly thorough examination, even though PUWER & LOLER may not apply to the equipment.
However, all new stair lifts (either when first placed on the market, or first brought into use), as machinery are subject to the Machinery Directive / Supply of Machinery (Safety) Regulations 2008. They must be constructed to be safe, supplied with Instructions, a Declaration of Conformity and CE marking. Those stair lifts which involve a hazard of falling from a vertical height of 3m or more are subject to Annex IV (item 17) of the Machinery Directive (so subject to conformity assessment as required by Article 12 (3) or 12 (4) of 2006/42/EC).
More information on LOLER can be found on the LOLER FAQ page: http://www.hse.gov.uk/work-equipment-machinery/faq-lifting.htm
For more information visit the HSE web page: http://www.hse.gov.uk/work-equipment-machinery/passenger-lifts.htm or contact us on 07896 016380 or at email@example.com, and we’ll be happy to help. We carry out health and safety inspections (as well as fire/legionella risk assessments) of all types of residential and commercial properties and are happy to provide a no-obligation quotation on request.
Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence