I have a query which I hope someone can help with! Across our estate, we have a number of lifts which are fitted with a two way communication system - either an alarm call-button, or in older lifts, a telephone handset. One lift was replaced recently, and apparently the installer informed the estates manager that 'recent changes to the law' meant it was no longer necessary to fit a two way system. No, I have always advised staff of the LOLER requirements, where guidance states that: 'If a person becomes trapped in a carrier they should be able to summon other people to their assistance. If other people are working nearby then a shout for help may be sufficient. In some circumstances a telephone or radio link within the carrier, or the fitting of an alarm bell or klaxon which can be used to summon help, might be needed. These devices should be regularly inspected by a competent person to ensure they continue to function properly.' Therefore, if there is a temporay failure of a communication system, I have always advised that it is still acceptable to use the lift if the entrapped person can be heard. However, EC Directive 2006/42/EC states (under essential health and safety requirements) that, 'Cars must be fitted with two-way means of communication allowing permanent contact with a rescue service.' Therefore, LOLER and the Directive seems to be at odds with each other on the point of a communication system?

In this case 2006/42/EC takes precedence over LOLER in that the lift is new and falls within a product directive. It is worth checking if the lift is installed under the Lifts Directive 95/16/EC as this requires a telephone line or autodialer system. If the lift is installed under 2006/42/EC the requirement may, dependent upon the particular circumstances, be less rigorous. As the requirements of both 95/16/EC and 2006/42/EC exceed that of LOLER there should be no issue. The LOLER requirement, whilst applying to all passenger carrying lifts, becomes specific in relation to older lifts, which were not installed under the product directives, which must comply with the basic LOLER requirement. Trust this assists.