Health and safety question

dickydonkin

ohreally wrote: »

Breach of provision and use regs...http://www.legislation.gov.uk/uksi/1998/2306/regulation/5/made

To clarify, the lift would not only be covered by PUWER (Provision and Use of Work Equipment Regulations) but also the Lifting Operations and Lifting Equipment Regulations (LOLER).

Both regulations stipulate many requirements to ensure the safety of equipment - including maintenance, inspections and testing.

Where a lift is used to carry people, a thorough examination is required every 6 months and every 12 months if it is just used for loads.

I suspect that the OP's company has decided that not only would it be costly to repair the lift, but statutory requirements to maintain its safety are proving to be expensive.

That said, what price do you put on the safety of the person(s) who are now potentially at risk of injury by having to carry items up and down stairs.

If the company think that maintaining a lift is costly - wait until they have to answer to the HSE following an accident! Fees for intervention, legal fees, negative publicity, increased insurance premiums and fines all can add up to a pretty tidy sum.

In respect of the OP's situation, the reality is that lifts can and do break down. When they do, procedures should be in place to mitigate the potential increased risks.

Risk assessments and a safe system of work should be in place to cover the eventuality of a lift failure. Without having information of the loads involved, the tasks to be undertaken and the environment, it is difficult to suggest the best remedy.

The individual also has to be considered. For example, there could be a mature worker who is supplementing his pension after retirement - is it right for such a person to have to lug hefty loads up a flight of stairs?

It doesn't sound like the company is too sympathetic in respect of their workers safety and I wonder if the lift has been maintained over the years and service records are available? The following quote from the OP suggests the company has utter contempt for their workers.

fin7 wrote: »

I spoke to the area supervisor but he seems to think it's some sort of big joke, when I pointed out that it's going to obviously take me longer he said I should jog!

This cannot be resolved by posters on a forum but the OP must make an effort to try and convince his employer that it is in the best interest of all parties to get the lift fixed.

There is no law stipulating that you cannot decommision a lift, however, if suitable safety measures are not put into place to mitigate the consequenses of doing so, then the duty holder could potentially fall foul of H&S legislation.

If it cannot be resolved amicably, then as a last resort, notifying the relevant enforcing body might be the only option.

tea_lover wrote: »

Ask to see the risk assessment that's been done to reflect the change in working conditions.

There won't be one!

fin7

Thanks for all the replies.

I've been told that they won't be having the lift repaired because it's going to cost too much.

A lot of the loads I take out are extremely heavy and often bulky. The company cut back a lot of the hours I was there, so now when I go I've got mountains of stuff to shift, my company know that what is classed at the basic stuff gets done, this is going to have a knock on effect on everything.

I just feel that this whole situation is an accident waiting to happen.

Fin

Southend1

If you are a union member you should report this to your H&S rep, who will be able to investigate and take up the issues with management on your behalf.

HBPencil

As a H&S Professional things like this make me shake my head at how businesses operate.

A poster further up said the correct action. Ask your supervisor to show you the amended Risk Assessment for the activities you undertake at this site. You can be almost certain the use of the lift (or not as the case may be) has not been taken into consideration. As such you must inform then that they (your supervisor) must provide alternative means of assisting you in this Manual Handling Task.

You can also request a Manual Handling Risk Assessment which would enable your supervisor to see and understand how the task has changed and that the load sand stairs are not suitable.

On an other note to a previous poster LOLER & PUWER are not applicable as this is a business not a construction site! However, a lift must have a Thorough examination certificate every 6 months.

RichardD1970

HBPencil wrote: »

On an other note to a previous poster LOLER & PUWER are not applicable as this is a business not a construction site!

Pardon? LOLER & PUWER apply anywhere that uses lifting equipment or any type of machinery, not just construction sites!

http://www.hse.gov.uk/work-equipment-machinery/loler.htm
http://www.hse.gov.uk/work-equipment-machinery/puwer.htm

ohreally

HBPencil wrote: »

As a H&S Professional......

On an other note to a previous poster LOLER & PUWER are not applicable as this is a business not a construction site! However, a lift must have a Thorough examination certificate every 6 months.

You appear remarkably ill-informed, especially for a H&S professional.

PUWER applies across the board, the exception being ships at sea.

Re LOLER...

These Regulations have general application and apply wherever the HSW Act applies. They build on the requirements of PUWER 98. They therefore apply to all sectors, not only factories, offices and shops but also schools, hospitals, hotels, places of entertainment, offshore oil and gas installations, agriculture and forestry.

.

Source: ACoP L113

dickydonkin

HBPencil;65589353]As a H&S Professional things like this make me
shake my head at how businesses operate.On an other note to a previous poster LOLER & PUWER are not applicable as this is a business not a construction site! However, a lift must have a Thorough examination certificate every 6months.

Absolute rubbish - the LOLER AND PUWER regs apply - irrespective of the workplace (with the exeption highlighted by ohreally above).

If you are indeed a H&S professional, you should know this - it is basic stuff - if not, I would suggest you review the regulations prior to posting incorrect information.

Incidently - the 6 month examination only applies to lifts that carry people. Lifts (such as service lifts that only carry goods for example) only need to have an annual examination.

Dear oh dear.

HBPencil wrote: »

A poster further up said the correct action. Ask your supervisor to show you the amended Risk Assessment for the activities you undertake at this site. You can be almost certain the use of the lift (or not as the case may be) has not been taken into consideration. As such you must inform then that they (your supervisor) must provide alternative means of assisting you in this Manual Handling Task.

And you can almost be certain (judging by the attitude of the OP's employer) that there will be no original risk assessment to amend! You have assumed there is one - you cannot review and amend a risk assesment and safe system of work that doesn't exist.

Just to add, why would the onus be placed on the supervisor to 'provide alternative means' of assisting the OP - surely it would be the duty holder of the business to release the resources to do this.

getmore4less

There are two issues here, the H&S has been covered but the other is the time management.

The absence of the lift will change the time it takes to do tasks, so they either need to allocate more time or reduce the task list.


The other issue this is a sign of a company in financial distress failure to maintain the building is often an early sign thye won't be around for long.