Rank: New forum user 
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Hi all,
Can a premises manager refuse to let a local team manager see the inspection reports for an elevator used by their team members and clients? In the scenario I'm particularly interested in, a company owns the building and is also the employer of the premises manager and of the local team who want to see the reports.
LOLER regulation 11 mentions having the reports available for inspection, but doesn't seem to mention who has the right to inspect this paperwork.
Thanks in advance, Karen Edited by user 24 January 2024 15:05:23(UTC)
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Rank: Super forum user
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Why are they refusing to share this information? Possible reasons might be: The lift failed and is dangerous to use but they don't want to say that as you might ask for some of your rent back. They haven't done them. or they think you might steal their precious paperwork? Of course this is just idle speculation. The way to stop such stupidity is to share the report!
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Rank: Super forum user 
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Why do you want to see the report?
My first question would be "Has the lift had its statutory inspection"? Q2. "Can I see the report please"? Q3. If not "why not"?
Good luck.
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 1 user thanked firesafety101 for this useful post.
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Rank: Super forum user
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Hi Karen This is one of those sorts of scenarios where you should probably start by asking the entirely reasonable questions such as those that firesafety suggests. ....and then you hit them with legislation. So, your employee uses a lift in the building in the course of their employment. Perhaps they are on the start of a business trip to see a client. [This doesn't directly work for using the lift as part of their commute to work]. Hence as their employer you have some duties towards you employee under LOLER. ...and you can't be confident that you are complying with them unless the building owner gives you reassurance inclusive of giving you hard evidence that the statutory examinations are in date. So, at that point you refer the owner to Reg 11 of the Management of Health and Safety at Work Regulations 1999. Yes, I had to look up the number as generally I apply the "reasonable" route rather than citing legislation.
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Rank: New forum user
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Thanks colleagues for your answers so far! Yes that is definintely the reason for wanting access to the inspection reports - there is a legal responsibility to find out whether lifts are safe before allowing/encouraging the team members and clients to use them. Also to be confident the lifts are not going to cause a building fire. But the premises manager still refuses to show the paperwork even after hearing this explanation. I wonder if there is some law or guidance note that says the premises manager has to help us by sharing the inspection reports?
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Rank: Super forum user 
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So one manager in the company is not letting another manager in the company see some paperwork that should exist (by law). Sounds like a HR issue to me - not H&S. HR can decide which one is being officious and act accordingly.
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Rank: Super forum user
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Section 4 Health and Safety at Work Act Mentions the duty of persons who “have, to any extent, control of premises” to ensure that the “means of access thereto or egress therefrom” such as a lift or “any plant” such as a lift “are safe and without risks to health.” . That would imply a requirement to demonstrate that they are fulfilling this duty by sharing the report. Also the Management of Health and Safety at Work regulations, particularly regulation 11, which relates to Co-operation and co-ordination between employers. In particular subsection c) which states that “employers take all reasonable steps to inform the other employers concerned of the risks to their employees’ health and safety arising out of or in connection with the conduct by him of his undertaking.” Such as telling them the lifts are safe to use because that’s what it says in the report!
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Rank: Super forum user
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Originally Posted by: A Kurdziel 
“employers take all reasonable steps to inform the other employers concerned of the risks to their employees’ health and safety arising out of or in connection with the conduct by him of his undertaking.” Such as telling them the lifts are safe to use because that’s what it says in the report OP says it's the same company that owns the building and employs both the person that wants sight of the report and the person that is refusing sight of the report. Most of the replies so far seem to be assuming the building owner is different to the employer of the building manager is different to the people that want to see the reports. The OP says that's not the case - so arguments that say 'the employer needs to see them so the building owner has to share them' fall down - the employer has seen them, because the employer is the building owner, and has them. At least, taht's what teh first post in teh thread says. Edited by user 25 January 2024 13:34:46(UTC)
| Reason: dunno what happened there
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1 user thanked achrn for this useful post.
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Rank: Super forum user 
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It does read like some form of internal politics / information is power scenario.
The only sharing prevention is if the person refusing is the ultimate big boss for the site which will only be determined by asking.
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Rank: Super forum user
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It does read like some form of internal politics / information is power scenario.
The only sharing prevention is if the person refusing is the ultimate big boss for the site which will only be determined by asking.
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Rank: Super forum user
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achrn is right. I for one misread the scenario as put. So, as others have said this looks like internal politics.
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Rank: Super forum user
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You could try putting your request into writing and copying in the "powers that be".
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Rank: Forum user
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A wholly reasonable request and one that should be complied with to allow you to assess with wether you are satisfying your legal duties. As others have mentioned the law is on your side with this one. Perhaps an email requesting the information, followed up with the legal position should the refuse/ignore and potentially turning to your solicitors/legal counsel should they continue to refuse. Odd that they wouldn't provide the details in the first place though.
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