Rank: Super forum user
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Is a shower trolley lifting equipment? It can raise and lower people, but it seems to me that it is a device for assisting people to shower, not a device for lifting people; this is analogous to the way that a hospital bed (with a lift-lower mechanism) has been described by HSE as a device for sleeping in, and not a device for lifting people. So far so straightforward; however our LOLER contractors (a multi-national patient handling provider) carry out 6 monthly inspections of shower trolleys at our care centres, and I suppose before I ask them to stop and re-write our LOLER guidance I would like a definitive view on this. There seems to be nothing on the HSE website,and I am very reluctant to ring HSE infoline as I'm not sure a call-centre operative with a big book of regulations will be much help.
Any opinions, especially from any enforcers reading this, would be much appreciated,
John
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Rank: Super forum user
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JWK
This is a difficult one as I am not a 100% sure how this operates.
The only help I can give is that LOLER does cover the Bath Hoist used in Hospitals and Care homes .
Hopefully someone within the NHS or Care Home system may have better knowledge of this.
Regards Alex
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Rank: Forum user
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Afternoon All,
OK, might i suggest the following, people are supported by this equipment while they wash, regardless of the enforcing regulations I would suggest a thorough Examination (LOLER) or Inspection (PUWER) every six months with a visual check every three months, and check for patent defect every use.
Now then what does it fall under ('scuse the bad punn), question "do I set the height FIRST and THEN put the person on?" Yes - PUWER (fit for purpose)
NO- I put the person on then adjust the height (LOLER)
Again I have tested chair hoists under LOLER at the behest of the owner of the equipment.
LOLER or PUWER I would say that the key point is the owner recognises the requirement for the equipment to be looked at and certified every six months. I can tell you as a service provider LOLER or PUWER certificate the Examination and possible testing would be almost identical.
Hope this helps:)
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Rank: Super forum user
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Thanks for the response db; I think a further test is 'would harm result if the lifting mechanism failed?' If yes: LOLER, if not, general duty under PUWER. If the lifting mechanism on a shower trolley failed it would fail to safety; there is no danger of harm.
Problem is, this is my opinion, and I know it's debatable,
John
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Rank: Forum user
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Thats true John, but thats the beauty of case law. I have been asked to look into issues such as this before, and I can say that in a court you would have demonstrated that you had considered the hazard and risk posed by the use of the equipment and drawn up a scheme to have the equipment Examined/inspected. OK so there could be a should you have chosen LOLER/PUWER but when questioned I would be directing the jury to the Inspector/examiner. As I have said the Exam/inspection/test if required would almost be identical, if there had been a failure the point would be the inspector/examiner should have spotted it. You all pay for the examiner to offset your exposure to risk and they should do their job correctly.
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Rank: Super forum user
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db - you state " put the person on then adjust the height (LOLER)"
There was an interesting debate here not that long ago about a dentists chair. The conclusion of that debate was PUWER and not LOLER Regs.
can you clarify as you are suggesting it is LOLER?
Regards
David
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Rank: Forum user
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Hi David,
This is where it all can get a little grey - its about application - a dentists chair is more along the lines of height adjustment along with hospital beds, rise and recline chairs, airport ramps that kind of thing. if you can imagine the "load" is not lifted per se it is more of an adjustment. As the owner of the equipment I would say whichever one you feel comfortable with in court! But bear in mind whichever you choose I feel you are demonstrating the vital process of consideration (i wish this thing had italics) no reasonable (the man who rides the clapham omnibus) person should view badly the consideration step. They may badly view an inspector/examiner who does not find a defect that causes failure. Come to me and I would say PUWER as it is the best fit for the equipment. On the cert I would put SMR2008, PUWER 1998, and the manufacture standard to demonstrate that i had researched the product, however when inspecting to PUWER I would test the adjustment pieces as if it were a lifting machine covered by LOLER98 thus clearing my yardarm in court. Clear as mud eh?
BUT that is what you are all paying for when you employ a third party! I know that is what you rarely receive and beleive me I am as dissolusioned as the rest of you - thats why I Founded my business - to give you what you expect when you pay your money and place your reputation in the hands of another.
I feel sorry that these type of questions keep cropping up - i realy do - but that is testament to my industry that you guys dont feel comfortable in asking a third party provider knowing that you will get credible input that gives piece of mind! I weep for my industy :(
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