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chris42  
#1 Posted : 07 October 2013 10:46:41(UTC)
Rank: Super forum user
chris42

I have just been involved in a discussion about lifting equipment that failed the LOLER inspection (with a type “a” defect). The question has arisen that if the piece of equipment has failed the inspection, do you just repair it and carry on or repair it and then get it re inspected, before you carry on?

My view is that it should be re inspected, but having reviewed L113, it does not seem to specifically say it must. There is a note saying inspect after significant repair, which I guess you could class all “a” type defects as, but not hard and fast. For any type “b” defects, we fix and wait for the next scheduled inspection, but do you do the same for type “a”.

What are your views?

Chris
sidestep45  
#2 Posted : 07 October 2013 10:54:52(UTC)
Rank: Forum user
sidestep45

Definitely another thorough examination before put into service to ensure that the repairs meet the required standard.
alexmccreadie13  
#3 Posted : 07 October 2013 10:58:56(UTC)
Rank: Super forum user
alexmccreadie13

As Sidestep IMO go for the thorough Examination again it will eliminate problems through a possible bad repair, and give you a better frame of mind than a regulation will.

Ta Alex
joebowtell  
#4 Posted : 08 October 2013 08:02:06(UTC)
Rank: New forum user
joebowtell

Agree completely with the above, its something I have argued and pushed for in the past. The winner in the end for us was the nice rounded and sound audit trail left after a re-inspection. Without it the document pack for the piece in question would have ended with a completed works order and before that a cert and notification listing the failure. There was no fool proof way for us to demonstrate the work 'had' been done and to a satisfactory standard.
PIKEMAN  
#5 Posted : 08 October 2013 10:16:20(UTC)
Rank: Super forum user
PIKEMAN

For my benefit, could you define what a LOLER type "A" failure is, please?

I am sure that everyone else just knows....................!
chris42  
#6 Posted : 08 October 2013 10:33:35(UTC)
Rank: Super forum user
chris42

A type “a” defect:- Defects which require action before further use or before a specified date.

A Type “b” defect:- Defects requiring corrective action as soon as reasonably practicable.

Hope this helps

Also thanks all for the feedback. It’s easy to start to doubt yourself when you get the usual “Our previous H&S people never wanted this” or “I never had to do this where I worked before” and the classic “Show me where it tells me I must”

Regards

Chris
DP  
#7 Posted : 08 October 2013 11:19:07(UTC)
Rank: Super forum user
DP

There are also ‘A N’ defects which are notifiable to the HSE, coming back to the post – when does a competent engineer stop becoming competent that he needs his work checking?
Billibob  
#8 Posted : 08 October 2013 11:29:59(UTC)
Rank: Forum user
Billibob

You need to check if your category A defect is the same as the HSE's category A defect. If it is then you will need to get it re-inspected as you will more than likely get a letter from HSE asking what action you have taken (as have received a number of them!) and also you are likely to invalidate any insurance if it is not reinspected.

chris42  
#9 Posted : 08 October 2013 11:51:00(UTC)
Rank: Super forum user
chris42

I was under the impression that all cat "a" defects were notified to HSE (Not seen a "AN" one). But it seems that HSE have never contacted the company I now work for and they have had some "a" defects.

Chris
Polsander  
#10 Posted : 08 October 2013 15:57:06(UTC)
Rank: New forum user
Polsander

From an L.A. perspective, our enforcement plan requires that all category (a) failures reported to us are followed up to ensure suitable and expedient repair.
B.Bruce  
#11 Posted : 09 October 2013 09:16:43(UTC)
Rank: Forum user
B.Bruce

From the OP - it really depends on the repair.

We have nearly 70 two-post vehicle lifts onsite. As an example, if the rubber pads on the lifting arms are badly worn the Inspector will issue a Cat A defect report. We can easily change these pads in less than 30s (simple push fit) and I would not be undertaking a re-inspection to check they have been fitted correctly. I trust our engineers/contractors to complete this repair correctly.

In reference to the other point raised by Billibob & Chris42 - I would argue that not all Cat 'A' defects are notified to the HSE. The RIDDOR ACOP for reporting Dangerous Occurences states: "The definition covers the collapse of any of the machinery or equipment listed, the overturning of any such machinery or equipment or the failure of any load-bearing part of it, whether used for lifting goods, materials or people. It does not cover the failure of ancillary equipment, such as electric operating buttons or radius indicators, or failures of lifting tackle or lifting accessories, such as chains and slings."

Taking account of this definition and comparing it to our Insurance definition, Cat A defect are "Defects which could cause a danger to persons". This is not the same as the HSE's definition - this is a far wider definition, I would guess, designed to capture the higher risk defects with the potential to lead to more serious consequences (some of which COULD be failure of lifting equipment/load bearing parts).

We have, in the past, had one Cat A defect which our insurer reported to the HSE. We had a wire rope badly worn on a ramp. If I remember more than 5% of the wire stands were broken. The engineer at the time insisted this must be reported to the regulator.

This is my take on it anyway.

Billibob  
#12 Posted : 09 October 2013 09:17:44(UTC)
Rank: Forum user
Billibob

chris42 wrote:
I was under the impression that all cat "a" defects were notified to HSE (Not seen a "AN" one). But it seems that HSE have never contacted the company I now work for and they have had some "a" defects.

Chris


It may be that there is a different definition of cat A defect. We picked this up when we had a visit from HSE in that the discussion with them highlighted those undertaking the 6 or 12 monthly inspections had a different definition of what what they classed as Cat A and what the HSE classed as Cat A so this was changed and all defects notified to HSE have always been followed up with a request for information on action taken (with the threat of an inspector calling if you didn't respond within the timescale required).
chris42  
#13 Posted : 09 October 2013 09:44:33(UTC)
Rank: Super forum user
chris42

Ok this is away from my original question of do others get it re inspected following repair, but curious about this now. So the HSE may have a different definition of what an “a” defect is to that of the insurance company doing the inspections for us (what was that story about a tower at Babel - except we can’t blame any God for this one).

So anyone know what the HSE’s definition is (oh and do they think you should get the inspection re done ?). In INDG339 there are the words “existing or imminent risk of serious personal injury”, is this the HSE definition.

It is slightly concerning that the people doing the inspection may not report something they should and also from INDG339 it states”If the report does not contain all the information above, you should not accept it, as this may place you in breach of the law.” So I would take it, not issuing a report at all when they should, is also on YOUR shoulders?
CarlT  
#14 Posted : 09 October 2013 09:47:12(UTC)
Rank: Forum user
CarlT

As a CAP assessed engineer for MEWPs and former QHSE Manager for a national access platform rental company I can say for sure that all "immediate defects" (referred to by some as cat A) MUST be reported to the HSE who may then wish to see evidence of the repair being completed and the previous service history for the machine. I have had many meetings with the HSE and given them many bits of evidence over the years so I know what it is like. So long as the engineer who carries out the repairs is trained and competent to carry out the work and completes a ledgible, auditable report for the repairs my view is that there is no need for a retest.
CarlT  
#15 Posted : 09 October 2013 09:50:24(UTC)
Rank: Forum user
CarlT

I should have added, it is also the view of the HSE
B.Bruce  
#16 Posted : 09 October 2013 10:07:12(UTC)
Rank: Forum user
B.Bruce

LOLER ACOP states

...."where there is in his opinion a defect in the lifting equipment involving an existing or imminent risk of serious personal injury, send a copy of the report as soon as is practicable to the relevant enforcing authority."

It makes sense that the Inspector should make the call on whether the defect meets the above definition, afterall they are the specialists. I am more than comfortable with this. Our engineering provision is provided by our insurer and as such I trust there judgement and assessment.

My second example further illustrates how this works. Quite rightly, the inspector found a defect on a load bearing part which was worn/damaged to the point where (in his opinion and mine) there existed an imminent risk of serious personal injury. This was reported to the HSE and I was comforable with this.
chris42  
#17 Posted : 09 October 2013 10:24:05(UTC)
Rank: Super forum user
chris42

The definition on the reports I have noted above, indicate that the equipment should not be further used, which fits with the definition of existing or imminent risk. But is there two classes of type "a" defect ones which are and ones which are not reportable?

I would find it hard to believe that any defect so serious that you must stop using it immediately as per my post above, would not be reportable.

I don't mind them reporting, just wanted to understand; now it has been brought up. Always keen to find out more and improve understanding.

Thanks to all joining in the discussion, BTW.

Chris


Xavier123  
#18 Posted : 10 October 2013 10:11:37(UTC)
Rank: Super forum user
Xavier123

I think we also need to make sure we don't start confusing the terminology here.
Thorough examinations under LOLER are examinations, not tests or checks (although clearly involving elements of testing and checking). Those carrying them out are thus arguably examiners (often employed by the insurance company) - but it doesn't help to call them Inspectors when such people arguably work at the HSE or an LA.

To go back to the OP, there is no legal requirement whatsoever to have a re-examination under LOLER following completion of a competent repair. There is an obvious benefit of independent assurance and quality control from doing so but the law does not require it - you trust your allegedly competent engineers to maintain the system but not to carry out single repairs? Change your engineers. ;)

Thorough examinations remain as a requirement only every 6 or 12 months or as per an alternative scheme of examination.


As for the follow-up point, in practice any defect that comes with an 'immediate' timescale attached i.e. not safe to use from the point of the examination onwards until repair is completed, should be notified to the enforcing authority by the examiner.
The trouble comes that quite what this means in practice is not defined within the regulations or the ACoP and what does and doesn't fit the definition of being a danger to persons has evolved over time (even with SAFed guidance) between the engineers, insurance companies and maintenance companies - this does inevitably create some disagreement and inconsistency - just look at the various ways it's been described on this forum, let alone out there in industry!
CarlT  
#19 Posted : 10 October 2013 10:42:26(UTC)
Rank: Forum user
CarlT

Just to add to the comment by B Bruce, the Inspectors, (Engineer Surveyors as the insurers tend to call them) are trained to carry out these examinations but usually a surveyor would be required to examine many different types of machinery and not necessarily be an expert on them all. Using MEWPs as an example, some have an alarm that sounds when the machine is tilted too far and some have a light that does it. Some of the older machines will not have safety features of the newer ones but are still in service etc. If, as has happened on many occasions, the surveyor expects to hear an alarm and doesn't then he may file an immediate defect on the machine when in fact it was working correctly.

Because of this (and obviously, if there is a fault you will want to know about it smartish) there should be a close communication between the surveyor and the company when they are carrying out the examinations.

To answer chris42, no there is not 2 classes of immediate defect. If it is an immediate defect it is reportable and if it is a time specific defect it is not.
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