Changes due to Brexit
Your health and safety requirements will not change when the UK leaves the EU. The guidance is under review and the below are the current guidelines being reviewed, check back for further updates as they happen.
Lifts utilised by employees in the workplace are subject to the Lifting Operations and Lifting Equipment Regulations (LOLER). In most cases where lifting equipment not provided for or used by people in a work environment (Example: stairs lift in residential homes and platform lifts in retail environments used for customers access). Will not be subject to either LOLER or PUWER. The businesses providing this equipment will have responsibilities for the safety of the equipment (which will require routine maintenance and inspection).
LOLER does not apply to lifts or any escalators which transport people, even though they may “lift” people from one level to another. Such equipment is covered by regulation 19 of the Workplace (Health, Safety and Welfare) Regulations.
Escalators and similar systems, platform and stair lifts, and all conventional passenger lifts must meet the requirements for safety and conformity of either the machinery or lift directives in their design, construction and installation, when first brought into use.
(Please Note: stair lifts, certain slow-moving platform lift (less than 0.15 m/s) and construction hoists come within scope of the Machinery Directive instead of the Lifts Directive).
Passenger Lifts Used By People At Work
Passenger Lifts and combined goods / passenger lifts in workplaces (eg office and factories) which primary use is intended by people in the workplace, are subject to periodic thorough examination and inspection as required by LOLER and PUWER. If you require guidance as a lift owner, please do not hesitate to contact iKONIC LIFTS.
Passenger Lifts Used By People Not At Work
LOLER (and PUWER) may not apply where a passenger lift is not used by people at work (eg public places and shopping centres). However, when the lift is operated by or under the control of an employer or self-employed person in connection with their business, they still have responsibility for the health and safety of people they do not employ, which includes members of the public and people who may work on or inspect the lift.
Section 3 of the Health and Safety at Work Act stats these general responsibilities, so far as reasonably practicable. As the risks may be the same as when using lifts in connection with work, a similar regime of maintenance, inspection and examination to that required under LOLER and PUWER may be entirely reasonably practicable in managing the risks. In any case insurers may impose demands for similarly stringent levels of risk management to cover public liability.
Stair Lifts
Where a stair lift is provided as work equipment used by employees, they are subject to the requirements of LOLER (through examination) and PUWER (maintenance and inspection). Where they are not, but are still provided in connection with an undertaking (eg in work environments where the public or visitors may use them), employers and the self-employed will have responsibilities for the safety of all users under Section 3 of the Health & Safety at Work etc Act 1974. These may be adequately discharged by undertaking maintenance, and inspection, and 6 monthly thorough examination, even though PUWER & LOLER may not apply to the equipment.
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