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#1 Posted : 26 January 2004 16:09:00(UTC)
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Posted By John Bird Would you expect Stair Lifts in domestic premises to be classified as lifting equipment, or would they be considered as similar to Escalators.
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#2 Posted : 26 January 2004 16:25:00(UTC)
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Posted By Sean Fraser Good question! First impression would be escalators but the proviso might be that it is a person carrier like a lift - why not contact the manufacturer and see what their take on it is? If you get a difinitive answer could you post it here for interest's sake?
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#3 Posted : 26 January 2004 16:53:00(UTC)
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Posted By Nicholas Moody Loler regulations come into force where the HASAWA applies, i.e. in an industrial capacity. I would suspect that domestic premises do not come into that category. Nick
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#4 Posted : 26 January 2004 17:17:00(UTC)
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Posted By Gareth Smith domestic chair lifts don`t come under loler regulation, nor do esculators. but what is interesting to know and remember is that these guys that come around and try to uplift your car (parking in an restricted area) if you catch them at it, you can ask them to see their method statement for that particular uplift, or if it is too late and the car has already gone to the compound, ask them for the method statement relating to that particular uplift. these can not be classed under generic method statements, as the car, street, surroundings are never the same. worth remembering
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#5 Posted : 10 March 2004 17:27:00(UTC)
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Posted By tina Hi Stair lifts do come under LOLLER if they are not in a domestic environment ie care homes, Hospitals, nursing homes etc. I even have one in an office to enable the disabled to reach the first floor. As the lift carries people it must be inspected ever 6 months. Any repairs necessary must then be carried out under PUWER
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#6 Posted : 11 March 2004 11:41:00(UTC)
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Posted By Ron Hunter Careful folks, it matters not so much where the item is, but who has "control" of the stairlift! If the stairlift is provided by a local authority and ownership doesn't pass to the client, then in this example the LA still has responsibilty under LOLER. If you can get a hold of HSE Contract Research report 429/2002, Annex 9 has a nice ready made thorough examination schedule template! Otherwise, read the LOLER ACoP (L113) & Guidance!
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#7 Posted : 11 March 2004 12:01:00(UTC)
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Posted By Steve Langston Agree with Ron, Loler does not apply to a domestic dwelling if the ocupant owns the equipment. However if a Local Authority (or other) has control of the stair lift (i.e. provides it for a client then Loler applies). Maybe the same if a stairlift is leased to a person from a company (dependant on individual leasing agreement though)
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#8 Posted : 11 March 2004 14:03:00(UTC)
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Posted By Graeme Main What is the case then if the person using the stair lift also works from home does it remain a domestic property or a place of work?
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#9 Posted : 11 March 2004 14:08:00(UTC)
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Posted By shaun allport whats that got to do with the price of grapes! as long as the public do not use it and only used by the resident, even working from home its still classed as domestic
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#10 Posted : 12 March 2004 13:06:00(UTC)
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Posted By Simon Ayee Application of LOLER also depends on the application of PUWER 98. If lifting equipment is provided primarily for the use of someone who is not at work then it will not normally be classed as work equipment even if used in a commercial setting. If it is primarily provided to, say, reduce manual handling by workers then it would be work equipment and therefore LOLER would apply. Another example is a passenger lift provided primarily for the public in a shopping centre or block of flats.
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#11 Posted : 14 March 2004 12:58:00(UTC)
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Posted By Stuart Nagle As the above respondents have suggested, I would sumise that if the premises are NOT a workplace (i.e. there is no one at work there and the only persons who may work there are exempt from the regulations, so it appears, such as home helps and visiting nurses etc), then it would appear that the stair lift - prinicipally supplied for domestic use - is not subject to the LOLER regulations, but should be maintained in accordance with the manufacturers instructions. If the item was supplied by a local authority - i.e. free for use by the residents through some form of grant or similar, It remains to be found if the authority would have any responsibility for its maintenance in a servicable condition and fit for use (do they in fact own it?) or is it on the shoulders of the persons to whom it was supplied? Whether it was 'owned' by the authority (who for instance may reclaim it for other/further use at another property (for example on the death of the resident if in the authorities housing stock for example) or whether the equipment would become the property of the user in such a case or if installed in a private residience. I am unaware of any precident here? but perhaps some else knows of one or has better insight into this!!! Stuart
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#12 Posted : 14 March 2004 14:40:00(UTC)
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Posted By Adrian Watson Dear All, Regulation 2 of the Lifting Operations and Lifting Equipment Regulations 1998 states: (2) The requirements imposed by these Regulations on an employer in respect of lifting equipment shall apply in relation to lifting equipment provided for use or used by an employee of his at work. (3) The requirements imposed by these Regulations on an employer shall also apply - (a) to a self-employed person, in respect of lifting equipment he uses at work; (b) subject to paragraph (5), to a person who has control to any extent of - (i) lifting equipment; (ii) a person at work who uses or supervises or manages the use of lifting equipment; or (iii) the way in which lifting equipment is used, and to the extent of his control. (4) Any reference in paragraph (5)(b) to a person having control is a reference to a person having control in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not). [Note: there is no paragraph (5) (b), so I presume that the reference to it is a printing error and the reference should refer to paragraph (3) (b)] (5) The requirements imposed by these Regulations on an employer shall not apply to a person in respect of lifting equipment supplied by him by way of sale, agreement for sale or hire-purchase agreement. Therefore looking at the original question "Would you expect Stair Lifts in domestic premises to be classified as lifting equipment, or would they be considered as similar to Escalators." My answer is that if the Stair Lifts are provided by way of a grant or HP agreement then the regulations do not apply. If the LA, Housing Trust or Landlord supplies a stair lift then he has to comply with the regulations to the extent that he has control. Therefore if he were supplying and maintaining the stair lift I would expect that it be of sufficient strength, be properly installed in a safe position, be thoroughly maintained and inspected by a competent person. Regards Adrian Watson
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