Rank: Guest 
|
Posted By mlongfellow
Can anybody point me in the right direction as to what would happen if a defect that has been notified on a report of a thorough examination is not completed within the deadline stated?
I am looking at Paragraph 10 (Reports and Defects) Sub-paragraph (3) which i believe is the correct place, but paragraph (b) refers to "sub-paragraph 8 of paragraph 8 of Schedule 1" which i canot trace anywhere within the regulations.
Am i looking in the wrong place, and if so, can anybody assit?
Many thanks
|
|
|
|
|
|
Rank: Guest
|
Posted By Anderson8
Hi mate,
It's regulation 10 we are looking at here, and you will need to flick right to the back of the LOLER guidance book to page 56, this is where you'll find schedule 1.
But in reality, people can be injured or even killed if this type of defect is not repaired, furthermore you could be prosecuted if the repairs are not carried out under the health & safety at work act, LOLER or other regulations such as PUWER perhaps.
Hope this answers your question
Regards
|
|
|
|
|
|
Rank: Guest
|
Posted By Andrew W
As notification has to be made to the enforcing body as well as the owner and hirer I would say if it isn't done then there's the potential for prosecution not only under LOLER but also PUWER and 74 act 2(2)(a)
|
|
|
|
|
|
Rank: Guest
|
Posted By Neil Pettitt
Hi,
Serious defects to equipment are reported to the HSE by the examiner as per LOLER Reg 10 c (see page 51).
This can result in an unannounced visit by the HSE to check that the defect has been put right.
I have had some experience of this but fortunately, I had ensured that the defects were repaired and I could produce the paperwork from the repairer as evidence.
I don't know what action would have been taken if the defects were not repaired and the equipment was being used but the fact that the HSE took the trouble to check this out would suggest that they would be quite serious!
Regards, Neil.
|
|
|
|
|
|
Rank: Guest
|
Posted By Pete48
HSE leaflet IND422 has a paragraph on defect reports at page 6. Perhaps a little easier to read?
It is only serious defects (still Cat A?) that require reporting to the HSE by the examiner and the user should place out of use until the repair is effected.
You are also required to take action on all reported defects within any time scales noted y the examining engineer.
|
|
|
|
|
|
Rank: Guest
|
Posted By mlongfellow
Thanks everybody, very useful
|
|
|
|
|
|
Rank: Guest
|
Posted By Robert K Lewis
Was involved in an investigation under the old FA lifting requirements which contained the same notification of defects to enforcing authority. An OH travelling crane was found, after a fatality, to have not had all faults corrected. HSE did not prosecute or take any other action.
Not sure how things would play out now days.
Bob
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.