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A decision made 30 March 2010 regarding: Health and safety - issue of certificate of exemption for lift.

Decision Reference: MD-S-2010-0014
Decision Summary Title :	Health and Safety at Work (Lifts) (Jersey) Regulations, 1990.		Date of Decision Summary:	22-03-2010
Decision Summary Author:	Lee McGurty Health and Safety Inspector		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Health and Safety at Work (Lifts) (Jersey) Regulations, 1990.		Date of Written Report:	22 March 2010
Written Report Author:	Lee McGurty Health and Safety Inspector		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Application for a certificate of exemption for a lift installed at the premises of the Channel Islands Co-operative Society Ltd., Goose Green Marsh, Beaumont, St Peter.
Decision(s): In accordance with Regulation 9 of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, the Minister granted an exemption from Regulation 8(d) of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, for an existing lift installed at the premises of the Channel Islands Co-operative Society Ltd., Goose Green Marsh, Beaumont, St Peter.
Reason(s) for Decision: The Minister is satisfied that it is not reasonably practicable for the lift to comply with the requirements of Regulation 8(d), and the arrangements made for the use of the lift will not result in a reduction to the safety of the users of the installation, whilst it is being used for its stated purpose.
Resource Implications: There are no implications for the financial or manpower resources of the States.
Action required: The Channel Islands Co-operative Society Ltd. is to be advised of the granting of the exemption.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Health and safety - issue of certificate of exemption for lift

Health and Safety at Work (Lifts) (Jersey), Regulations, 1990.

Application for a certificate of exemption for a lift installed at the premises of Channel Islands Co-operative Society Ltd at Goose Green Marsh, Beaumont, St. Peter.

1. Summary

The Health and Safety at Work (Lifts)(Jersey) Regulations 1990, (the “Lift Regulations”), were introduced by the States in 1990 to establish minimum standards of safety at lift installations in workplaces.

Regulation 9 of the Lift Regulations provides for the Minister for Social Security to issue exemptions from the requirements of the Regulations where the Minister is satisfied that employees are not placed at risk or are not reasonably practicable.

In September 2000, the Channel Island Co-operative Society Ltd (CICS Ltd.) was granted an exemption from Regulation 8(d) of the Regulations, for the lift installed at its warehouse premises at Goose Green Marsh, St Peter. At the time, the premise was leased to Aviation Jersey Ltd. and the exemption only applied whilst Aviation Jersey Ltd. occupied the premises. The lease between Aviation Jersey Ltd and CICS Ltd. is due to expire on 30 June 2010 but it is understood that Aviation Jersey Ltd is due to vacate the premises by 31st March 2010. The CICS Ltd is then intending to use the premises for storage and is therefore seeking to apply for a similar exemption from the Regulations due to the change in occupancy.

This report recommends that, in accordance with Regulation 9, the Minister grants a new exemption from the requirements of Regulations 8(d) for this lift installation.

2. Background

The Channel Island Co-Operative Society Ltd. (CICS Ltd) has leased part of their warehouse premises at Goose Green Marsh, St Peter, to Aviation Jersey Ltd., for a number of years. Aviation Jersey Ltd used the premises as a workshop.

A lift installed on the premises, serves the ground, first and second floors. The lift, which is understood to have been manufactured in 1971, was installed for many years prior to the introduction of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, (the Regulations). By virtue of its size, the lift is defined as a passenger lift under the Regulations.

Regulation 8 sets out additional safety requirements for passenger lifts with Regulation 8 (d) requiring “the provision of devices to support the lift car together with its safe working load in the event of failure or breakage of the ropes, chains, hydraulic or other lifting device, mechanism or apparatus”. This in effect requires a secondary braking system which would operate in the event of a failure of the lift operating mechanism.

The need for the original exemption arose from the difficulties in fitting a secondary braking system to the lift installation. Enquiries, made by the maintenance engineers for the lift installation, identified that the design of the lift resulted in the fitting of a secondary braking system not being possible. This exemption was therefore granted by the Committee on the 25th September 2000 on the basis that it was not reasonably practicable to comply with Regulation 8(d), and on the understanding that :

· the lift was supported by 4 independent cables, each having a safety factor of 7:1;

· the lift was only used for transporting goods;

· the maximum weight of the goods to be carried was well within the safe working load of the lift;

· the lift was operated on a key system to ensure that only trained personnel had access to the lift;

· the keys were held by a responsible member of staff of Aviation Jersey Limited; and

· the lift continued to be maintained and thoroughly examined in accordance with the requirements of the Regulations.

3. Request for exemption made by the CICS Ltd

The lease to Aviation Jersey Ltd. will expire on the 30th June 2010 but the company is due to vacate by 31st March 2010. After this time the CICS Ltd. are intending the use the premises as an archive document store and for the storage of goods for its adjacent retail outlet, Total Sport.

The CICS Ltd. are seeking the exemption for the lift installation because Aviation Jersey Ltd. will no longer be occupying the building, as required for the previous exemption to apply, and to meet the legal requirements placed on them under the Lifts (Jersey) Regulations, 1990.

Written confirmation has been received from the CICS Ltd that there have been no modifications made to the lift since the granting of the previous exemption in September 2000.

The CICS has also confirmed that:

· the lift will only be used as a goods lift;

· the maximum weight of goods to be carried will be well within the safe working load of the lift;

· the lift will continue to be operated on a key system, with only trained responsible members of staff being provided with a key. It has been advised that there will only be three keys; two provided to managers and the third to a member of their facilities team; and

· the lift will continue to be maintained and thoroughly examined in accordance with the requirements of the Regulations.

Recommendations

The lift remains unchanged since the exemption was granted in September 2000 and it is recommended that the Minister should grant an exemption from the requirements of Regulations 8(d) of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, in respect of this installation.

As the warehouse may be subject to leasing again at a later date, it is recommended that the Minister should agree to issue this certificate of exemption subject to the following conditions attached to the exemption certificate.

This Certificate of Exemption should only apply whilst the occupants of the premises i.e. the warehouse owned by the Channel Island Co-Operative Society Ltd is the Channel Island Co-Operative Society Ltd

Lee McGurty

March 2010