Guidance for the Lift Owner or Duty Holder
(extract from Public Information Provided by SAFed - Nov 2006)
This information contains notes on good practice, which, unless they are part of the legislation, are not compulsory, but may be helpful in considering what a lift owner or duty holder should do. They are intended to supplement the legislation and the approved code of practice and guidance advised by the Health and Safety Executive.
Lift Owner or Duty Holder
The owner or duty holder is a person designated responsible for the safe and suitable operation of the lift. It would normally be a facilities manager or supervisor, but could also be a tenant's association in a residential block or other such organisation responsible for ensuring the (funding for) safety of the lift. The owner of the property in which the lift is situated would normally be responsible if no such other person or group had been appointed.
Duty of Care - General (All Lifts)
Everyone has a responsibility to take reasonable steps to avoid acts or omissions, which would be foreseeable as injuring other persons. Lift owners or duty holders have a specific responsibility to ensure the safety of others, while using the lift. In particular they are responsible for the safe use of the lift, which includes its safe operation, condition (maintenance) and compliance with relevant statutory requirements.
They may be required to explain to the authorities how these responsibilities have been discharged. This is usually by way of providing evidence of a regular servicing and maintenance regime together with a record of periodic thorough examinations by a competent person. The duty holder is responsible for ensuring the person undertaking the examination is competent. SAFed member companies train, underwrite and only employ competent persons to carry out thorough examinations in a safe manner and are accredited to do this by sole government recognised accreditation body (the United Kingdom Accreditation Service - UKAS).
Workplace Lifts
In addition to the duty of care responsibility owners and duty holders of workplace lifts have to comply with the additional legislation of LOLER 1998, which stipulates, among other things, the requirement and periodicity for a thorough examination of the lift by a competent person (6 months for personnel, 12 month for loads only).
Other (Residential) Lifts
Lifts, whose primary use is not work (ie residential lifts, lifts in shopping centres etc), would not normally come under the regulations of LOLER 1998. If in doubt a lift duty holder is recommended to seek advice from the local authority. Irrespective of this, SAFed recommends that all lifts should be subject to an effective servicing regime and thorough examination by a competent person. The latter could be under a scheme of examination considering the characteristics, age, environment and use of the lift. Complying with LOLER 1998 would normally demonstrate a duty of care in this respect.
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Wales only
Lift Manufacturer
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Tel: +44 (0)29 20 404 404
Fax: +44 (0)29 20 404 202
CLC House, Dyfrig Road, CARDIFF
CF5 5AD, Wales, UK
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