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Posted By trueman1
This one tickles me! Any thoughts on this legitimate question would be appreciated.
Scenario.......
We have a wheelchair lift at church, it works on the same principles as a forklift. Does this require a 6 month statutory check as required by LOLER?
My view is that it does, the only possible caveats are;
1. The church is not considered a workplace...but I'm inclined to think it falls within this distinction. There is still a duty of care towards visitors. Obviously the church is not domestic. Surely there is no possible exemption.
2. I won't even entertain the notion that it is hardly ever used, though the stairlift company indicates this is a consideration.
Basically, I'm finding it very difficult to find a way to exclude the stair lift from LOLER regs. The stairlift company suggests there is only a need for a 12 month inspection and when the term 'statutory inspection' is used there is dumb silence. I wonder if they are confusing this CHURCH with domestic premises. I dare not use the term LOLER!!
Many thanks,
G
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Posted By martinw
Intriguing. Suggest that as the church does not clean itself, that people work there to do so therefore it is a place of work. Same for electrics, decoration etc. Someone must give the sermons too.
Worth taking a look at BS 6440 which is directly relevant regarding maintenance and testing. May be worth looking at BS 8300 regarding built environment being made more accessible to disabled persons which forms basis for guidance in approved document M.
Martin
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Posted By trueman1
Ah, many thanks. Seems to support the LOLER 6 month check then! Shall take a look at the BS docs. Intriguing, indeed!
Shame the stair lift manufacturer, installer and maintainer seems not to have a clue, but I strongly suspect that I went through to a 'clueless' (respectful tone) call centre.
If anyone has a conclusive yes/no to LOLER application it would be appreciated, or indeed a tally would help.
Thanks
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Posted By Andy Barr
I would suggest if the wheelchair lift is "primarliy for use by and under the control of members of the public" it does not come under LOLER - see paragraph 36 of this guidance note to HSE and LA Inspectors.
http://www.hse.gov.uk/lau/lacs/90-4.htm
Andy
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Posted By Margaret0505
I assume the church has some paid positions attached to it?
This could Technically mean its a "workplace".
I have recently had 1 day CDM awareness and there is a reference to a a business being "whether for profit or non-profit"(to paraphrase).
My instinct would be to treat this as a lift for passenger carrying-as this is what it is intended to do and arrange an inspection around this.
Alternativley build a ramp rather than rely on the lift-but that would have been considered??
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Posted By Andrew W
I've spoken to an acquaintance about this subject and he informed me that his company carries out thorough examinations for churches (apparently some churches also have hoists and lifting devices).
His advice was that the church is not a place of work per se so therefore not covered under the remit of LOLER or PUWER, however they carry out the inspections as a commitment to the H&S of users. This was requested by the Ecclesiastic insurers (may be wrong name or spelling) who provide the insurance for churches. Apparently the church has their own insurance division!!
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Posted By trueman1
Ouch! This is getting messy! Thanks for the comments thus far. The tally seems to be 2-1 in favour of the 6 month inspection.
Para 36 of http://www.hse.gov.uk/lau/lacs/90-4.htm provided by Andy is particularly intriguing! and scary! Where the devil did this come from -in this profession there seems to be too much material lurking in the background.
With reference....
"""""36 LOLER should not be applied to equipment provided as part of a work activity but primarily for use by, and under the control of, members of the public, eg a lift in a shopping mall (see L113 para 40) or as part of a leisure activity."""""
I have never given this much thought until now! If LOLER doesn't apply to public areas what legislative requirement exists for them? Essentially, how do we now protect the public in non-workplaces? how is the check of say lifts in a shopping mall mandated? if at all?
Here's another beauty from the same extract....
""""""""(ii) LOLER will be applied to some equipment, such as a crane used for Bungee jumping.""""
The implication is that lift equipment used primarily for the public does not come under LOLER but with the exception of the crane used for Bungee Jumping. Eh!!!
Guess L113 may help, will take a look when I get a chance.
Oh, and a ramp is not an option.
Thanks.
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Posted By Kenneth Patrick
Leaving aside regulation does it require maintenance/inspection to keep it in safe working order and is this being done.
Ken
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Posted By Peter Tanczos
Definitely LOLER, and definitely 6 months maximum between inspections. You could try and argue if you had a written scheme of examination specifying a longer period (wording is slightly vague) but good luck trying to find a competent person to sign that scheme off. If it is used to lift a person it's 6 months.
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Posted By Donk
Not LOLER as loler only applies to work activities, (quote from L113)as such the wheelchair lift is not work equipment, however a duty of care under sections 3 and 4 of the act are still applicable.
A thorough examination is not a mandatory requirement in these conditions, but would be considered as best practise.
Also a church is a place of work.
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Posted By MT
Donk, could you do me a favour and quote the section in L113 which states that a wheelchair lift is exempt? I've had a quick look and can't see it. Thanks.
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Posted By Robert K Lewis
What if the wheelchair user has a paid attendant to take him/her places - It is what the Disability Living Allowance is for. The attendant is at work.
I find this hairsplitting very worrying.In all public situations equipment for lifting persons must be checked and I cannot see a better standard than 6 monthly
Bob
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Posted By Blue
Trueman - my understanding is that lifts don’t need to be examined at all - but not my speciality. People tend to look at the timeframes only and miss the preceding part which states the conditions that apply.
LOLER Reg 9 (3) state "lifting equipment which is exposed to conditions causing deterioration which is liable to result in dangerous situations...". My understanding from that part is that lifts inside most buildings (which are not exposed to conditions causing deterioration) would not need to be examined at all. But outside lifts to gain access to parts of a rig or ship under construction for example would need to be thoroughly examined at 6 months.
Would be good to gain an expert's view.
B
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Posted By Andy Barr
Bob,
I agree it might seem to be splitting hairs and I agree that in public situations all lifting equipment for lifting people should be checked 6 monthly as the best standard BUT, the original posting asked "Does this require a 6 month statutory check as required by LOLER?"
The answer to that question is NO - see my previous posting above re para 36 of the Circular issued to all HSE and LA Inspectors as to why.
Yes it is provided in a 'workplace'.
Yes it is provided as part of the work activity.
But, it does not come under LOLER because it is "primarily for use by, and under the control of, members of the public"
The issue of an attendant is a red herring because they are classed as a member of the public whilst in the church i.e. the church has s3 duties towards them - irrespective of the fact that they are 'at work' at the time.
IMHO Ken and Donk both got it spot on. As I said at the top I think a 6 monthly check on the equipment is best practice just not under LOLER.
Best advice would be for trueman1 to speak to their local EHO (they enforce in places of worship) and ask them whether they would enforce anything against the church if they had the lift maintained X times a year and inspected Y times a year (where X and Y are both >0) - and to find out under what legislation they'd enforce it!
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Posted By Peter Tanczos
Section 3 (3) LOLER "The requirements imposed by these Regulations on an employer shall also apply -
(b) To a person who has control to any extent of
(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"
I would therefore assume that giving permission for a MOP to use the wheelchair lift makes it subject to LOLER
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Posted By Karel Burgoyne
you might pick something out of this that helps with the question.
http://www.scotland.gov....ions/2003/06/17596/22999
example If the Church is an employer then;
Under Duty of employers to non-employees: Health and Safety at Work Act 1974, s.3. Every employer has a duty to conduct its undertaking in such a way as to ensure, so far as is reasonably practicable, that people not in its employment but who may be affected by the undertaking are not thereby exposed to risk to their health and safety.
It then follows that application of some aspects of good practice ie some of the general arrangements under PUWER and LOLER might apply to the supplied wheel chair lift.
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