Rank: Forum user
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Morning,
Could just do with some clarification as I am not too au fait with LOLER in a public use setting.
A part of my company installs and maintains platform lifts and stairlifts. These are in a mixture of homes - some are owned by the homeowner, and some are in homes owned by the housing association (us). There are also external platform lifts for access to properties that are not suitable for wheelchair users.
Equipment is currently subject to a maintenance inspection every 6 months, commisioned by us, but no LOLER inspection is undertaken.
Am I right in thinking LOLER would apply to these scenarios? As we still have a duty under HSW Act?
Would appreciate any thoughts
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Rank: Forum user
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Hi,
If in a work environment yes, they are subject to LOLER and PUWER. If not then no. However, you still have a duty of care to others not at work under section 3 of the Health and Safety at Work etc. Act 1974.
This will be one of the reasons why you carry out a 6 monthy inspection. Please see link below, this will provide you with more detail and other useful links/guidance:
http://www.hse.gov.uk/work-equipment-machinery/passenger-lifts.htm
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Rank: Forum user
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Thanks for the response.
Please correct me if I am wrong, but I am interpretating this as us undertaking the 6-monthly maintenance inspections may not be completly fulfilling out duty under the HSW Act and there would be a duty to undertake LOLER examanination also?
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Rank: Super forum user
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http://www.hse.gov.uk/pubns/hsis4.pdf covers stair lifts
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Rank: Forum user
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These duties under HASAWA may be adequately discharged by undertaking maintenance, and inspection, and 6 monthly thorough examination, even though PUWER and LOLER may not apply to the equipment.
If unsure it would be useful to speak to the manufacturer. As part of their duties under the supply of machinery they have to supply equipment with instructions etc. One of their requirements may well be to undertake six monthly inspections and testing whatever the installation situation be it work or not.
Good practice is always the best option as you are going above and beyond what the law requires.
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Rank: Super forum user
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To clarify an earlier point, if the lifts are used by a member of staff then LOLER and PUWER apply. For example, a lift in a block of flats that only residents will use is not covered by LOLER. A hoist lift installed in a house will not be covered by LOLER if only the occupiers use the hoist lift.
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