Originally Posted by: David S 
Hi,
I have a similar query. We have a large central light fitting in a church that can be lowered by electrical hoist. The problem is that the cables, drum and motor assembly are situated high above the light fitting with no easy access. The light fitting is lowered very infrequently, just to replace faulty bulbs. Looking at the LOLER regs it should be be "thoroughly examined at least every 12 months" if it "is exposed to conditions causing deterioration which is liable to result in dangerous situations" REG 9(3). As it is not exposed to such conditions (in a dry church, away from possible tampering and is used very infrequently so mechanical wear is minimal) can we increase the period between "thorough examinations" to a longer period (say 10 years)? We would still do a yearly visual inspection during our normal H&S annual survey. Are we required to do a thorough examination at all so long as one was done on installation?
Personally, I don't believe that LOLER applies. LOLER does not automatically apply to every machine where any part of it goes up and down. If you haven't already got a copy, get L113 - https://www.hse.gov.uk/pubns/priced/l113.pdf
(This is an aside: if you're not a H&S professional it might be unclear to you what this is, but this book contains three 'tiers' of content - the regulations is the law, the 'ACOP' is 'approved code of practice', which (roughly) is not law but you need to have a really good justification for not doing it, and guidance is just guidance. For example, the Highway Code is an ACOP - most of it isn't actually law, but if you don't do what it says, you're likely to be held responsible for any negative consequences.)
In L113 paragraphs 31 to 33 (guidance) shows that not everything that goes up and down is LOLER. For example, the dentists chair - it's primary purpose is not to raise the patient (raising the patient isn't the goal), it is to position the patient where they need to be so the dentist can work. Likewise, a roller shutter door rises and falls, but that's not its primary purpose. I would argue that a motorised light fitting isn't raising a 'load', it's positioning the light fitting to where it can be worked on.
However, this isn't a get-out-of-jail card - note para 33 - PUWER still requires that the equipment be properly maintained. So whether LOLER does apply or not you need some inspection regime - you don't want to drop the light fitting on the congregation. Therefore, LOLER-or-not is probably a bit of an irrelevance (but useful if you're trying to convince a church committee / treasurer / someone to take it seriously).
If the winch is soundly and securely fixed to the supporting structure, and neither supporting structure nor winch are exposed to anything likely to cause them to degrade, in the circumstance described I'd accept a longer period than annual between inspections. (You say the winch is OK, make sure what supports the winch is likewise sound and not deteriorating or likely to, and that the fixings holding the winch to the structure are likewise sound and not deteriorating or likely to).
However, I'm not convinced I'd be comfortable with as much as ten years. If the church is of a mainstream UK denomination, you probably already have a quinquennial premises inspection regime (I know CofE, Methodist and URC all do quinquennials). I'd tie it into that cycle.
Edited by user 16 February 2021 16:46:51(UTC)
| Reason: spilling