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#1 Posted : 11 February 2008 19:04:00(UTC)
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Posted By Bruce Sutherland OK - we are having a massive argument - 3 CMIOSH and not a hope on consensus..... standard multigym - captive weights on a frame going up and down with a wire rope over a pulley wheel to a handle......OK so far? option 1 - obviously parliament did not intend this to be LOLERed - bit like diggers digging and not acting as cranes or three point linkage ona tractor - well looked after maintained etc etc and PUWERed but not LOLERed option 2 - but...... if a bucket of cement with blue string over a gin wheel is LOLERed then LOLER the multigym - option 3 my head hurts..... so why does the common sense camp - option 1 feel irritated that it cannot find any definition to help with its argument and yes we have looked at LOLER ACOP and we have searched the HSE website so what we are looking for is does anyone have any other ideas? Just to make it even worse this is purely an academic exercise - no clients or even multigym in site...... Thoughts for a Monday please..... Kind regards!!! Bruce
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#2 Posted : 11 February 2008 19:21:00(UTC)
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Posted By alex mccreadie Bruce I would suggest the point you are missing is that LOLER regulates work equipment and I feel a multigym would not be covered. I stand to be corrected especially by 3 CMIOSH,S but that is my Interpretation. Interesting I agree. Ta Alex
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#3 Posted : 11 February 2008 20:28:00(UTC)
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Posted By Jane Blunt I can think of a circumstance under which multigym equipment might be work equipment - in the hands of a professional football team! Jane
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#4 Posted : 11 February 2008 20:38:00(UTC)
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Posted By Pete48 Alex, unless you are a fitness instructor at work?? Bruce, you have started something in my head at least. You will no doubt have noted from a number of HSE/LAU sources that "LOLER should not be applied to equipment provided as part of a work activity but primarily for use by, and under the control of, members of the public, eg a lift in a shopping mall (see L113 para 40) or as part of a leisure activity." Is that is the baseline of this exercise? Of course this dilemma must result from all that time you have to think about things whilst using this non LOLER'ed kit, exercising the body doesn't need to exercise the brain simultaneously you know:) Since the important control is that equipment must be appropriately and regularly maintained, inspected, examined throughout its working life then either set of Regulations provides the requirement adequately. All the guidance refers to proportionality in the application of LOLER and therefore the requirements for this type of kit are unlikely to be much different whichever route one takes. This is my only, admittedly weak, thought at the moment. I can, however, clearly see a difference in risk between your two examples when linked to the workplace environment and conditions of use for example. Oh dear I must be getting quite sad if I can actually think about such matters. Still better than watching the box though.
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#5 Posted : 12 February 2008 08:43:00(UTC)
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Posted By ITK LOLER does not apply in this scenario. ITK (another)CMIOSH
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#6 Posted : 12 February 2008 09:34:00(UTC)
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Posted By CFT Bruce Gym lifting equipment does not come under LOLER for the following reason/s: 'Equipment which is provided for use in a non-work situation does not become work equipment merely because work is sometimes carried out on it,' 'LOLER should not be applied to equipment provided as part of a work activity but primarily for use by, and under the control of, members of the public, or as part of a leisure activity.' I do agree that this might cause a right royal discussion, [which clearly in this case it has] as with most of our regulations they remain descriptive and open to much abuse when attempting interpretation of; e.g.:"accessory for lifting" means work equipment for attaching loads to machinery for lifting; Is one therefore not attaching a load? yes, is it work equipment? It could be defined as such with some interpretation! Is it machinery? Yes. Does one lift with it? Of course. Really quite simple Bruce! Now then (with doubting Thomas head on) was that a yes or a no? CFT
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#7 Posted : 12 February 2008 10:07:00(UTC)
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Posted By The toecap Okay then. I'm going to throw this in. The benefits of the lifting outweigh the risks. Reasonably practicable and all that. But am i really strong enough to throw this in?
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#8 Posted : 12 February 2008 10:28:00(UTC)
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Posted By Paul Duell For the reasons already stated (not work equipment etc), I'd say that technically this isn't LOLER. However - in any environment where I was providing the kit for public use (gym, office fitness centre, work social club etc), I'd have some sort of inspection regime by a competent person. For these purposes I'd define competent as "Understands the inspection regime recommended by the manufacturer".
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#9 Posted : 12 February 2008 11:10:00(UTC)
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Posted By Bob Shillabeer I'm also CMIOSH, but find this all too much like hard work so don't care that much as it is not work equipment.
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#10 Posted : 12 February 2008 11:15:00(UTC)
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Posted By Tabs If the gym is indeed providing equipment for work (which I doubt, unless the gym staff are using it too) then PUWER obviously applies ... LOLER shows how you can achieve your responsibilities in PUWER. PUWER says it has to be safe - absolute duty, no reasonable-nous here. LOLER shows how lifting equipment (things being lifted - sounds like your gym equipment to me) can be shown to be safe on an on-going basis. Conclusion - LOLER does not apply, but could be used as a basis for showing a very good attempt to satisfy PUWER (if it applies). Of course, it is all completely ruined by the provision of a manufacturer's / supplier's maintenance regime. This supersedes all other in this case I would suggest.
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#11 Posted : 12 February 2008 13:32:00(UTC)
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Posted By steve e ashton NO - because in the definitions to the Regs - "lifting equipment" means work equipment for lifting or lowering loads and includes its attachments used for anchoring, fixing or supporting it. A multi Gym is NOT 'equipment for lifting or lowering loads' - it is equipment for exercising. The weights are part of the machine - not a separate 'load'. An old fashioned set of scales uses weights of a known size to measure a weight of unknown size. A lifting bridge may rely on moving a counterbalance weight - but it is not lifting equipment. It is not lifting equipment just because 'weight' is moved. QED Can I go home now? Steve
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#12 Posted : 12 February 2008 14:58:00(UTC)
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Posted By TomP And from L113: 'In most cases LOLER will not apply to work equipment which does not have as its principal function a use for lifting or lowering of the type associated with 'traditional' lifting equipment such as cranes, fork-lift trucks or accessories such as chains or eyebolts' I agree - not LOLER (yet another CMIOSH)!!! Still needs checking though and probably a thorough examination and testing every twelve months or less.
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#13 Posted : 12 February 2008 16:31:00(UTC)
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Posted By Bruce Sutherland Thanks Guys - good to share the pain! As an exercise it has also been interesting in terms of extrapolation where there is no obvious guidance.... ie it is perfectly possible to come up with a cheap solution or it is perfectly possible to come up with an expensive solution and neither are obviously wrong, and both can be defended. The situation related to a historic incident and was MOD related - so is at work etc etc I believe that the multigym was tested......... Kind regards Bruce
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#14 Posted : 13 February 2008 09:40:00(UTC)
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Posted By Andrew M IMO, If it's in a place of work, it's work equipment - therefore it needs to have an appropriate level of inspection/maintenance. As for disqualifying it because it is not lifting equipment, but a height adjustment device - the HSE no longer share your views. I would say that gym equipment is just as dangerous as other lifting equipment - mainly because their is a human being in direct contact with load.
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