Health and Safety at Work (Lifts) Regulations 1990: Application for an Exemption

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A decision made on 2 December 2021

Decision Reference: MD-S-2021-0083
Decision Summary Title :	Application for an exemption under the Health and Safety at Work (Lifts) Regulations, 1990		Date of Decision Summary:	29 November 2021
Decision Summary Author:	Director of Health and Safety		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 :	Report on the application for an exemption under the Health and Safety at Work (Lifts) Regulations, 1990		Date of Written Report:	25 November 2021
Written Report Author:	Director of Health and Safety		Written Report: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Application for exemption under the Health and Safety at Work (Lifts) Regulations, 1990
Decision(s): In accordance with Article 9 of the Health and Safety at Work (Lifts) Regulations, 1990, the Minister agreed to grant an exemption from Regulations 8(c) and 8(d) in respect of the lift installation, serial number 4139, installed at Bigwood Premier Printers Limited, 4 La Rue Martel, Rue des Pres Trading Estate, St Saviour.
Reason(s) for Decision: The Minister is satisfied that the granting of the exemption from the Regulations will not result in persons at work being placed at increased risk
Resource Implications: There are no implications for the financial or manpower resources of the Government of Jersey
Action required: The Minister to sign the Certificate of Exemption in respect of the lift installation. The Director of Health and Safety to advise Bigwood Premier Printers Limited of the granting of the exemption.
Signature:		Position: Minister for Social Security
Date Signed:		Date of Decision (If different from Date Signed):

Health and Safety at Work (Lifts) Regulations 1990: Application for an Exemption

Application for a certificate of exemption for a lift installed at Bigwood Premier Printers Limited, Rue des Pres, St Saviour

Summary

The Health and Safety at Work (Lifts) (Jersey) Regulations, 1990 (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 Social Security Minister to issue exemptions from the requirements of the Regulations where they are satisfied that the requirements to which the exemption relates are not necessary, or not reasonably practicable to provide, for the protection of employees.

This report recommends that consideration be given by the Minister to granting an exemption under Regulation 9 for a lift installation which is installed at Bigwood Premier Printers Limited, 4 La Rue Martel, Rue des Pres Trading Estate, St Saviour.

The lift installation

The lift installation for which the exemption is being sought is a powered goods lift manufactured by Giant Lifts (USA) in 1994, serial number 4139. The lift was brought to the attention of the Health and Safety Inspectorate by a competent engineer surveyor following thorough examination of the lift installation in accordance with the Lift Regulations.

The lift, which has been used by Bigwoods Premier Printers (Bigwoods) without incident for over 20 years, is used to transfer palletised goods and other ancillary printing supplies from the ground floor print factory to the first-floor storage area.

The platform lift is designed and manufactured for lifting and lowering goods only (not for the use by passengers). Under the Lift Regulations whether a lift installation is considered a ‘passenger’ lift or ‘service’ lift (ie a goods only lift) and therefore subject to the additional safety requirements set out in Regulation 8 of the Lift Regulations, depends entirely on its internal dimensions. In this instance, the lift at Bigwoods exceeds the maximum dimensions to be classified as a service lift and is therefore subject to the additional requirements applicable to passenger lifts.

Application for exemption from the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990

The exemption being sought in respect of the lift installations is in respect of:-

Regulation 8(c) as the interior of the platform lift is not fitted with a means of summoning assistance in the event of an emergency

Regulation 8(d) in that the installation is not fitted with a device which would support the lift car together with its safe working load in the event of a failure or breakage of the ropes, chains, hydraulic or other lifting advice, mechanism or apparatus

Comments

This lift is situated in an industrial unit comprising of 2 floors. The ground floor houses the main print factory, including heavy commercial printing presses and ancillary equipment. The first floor is used for office space, lighter printing activities, print finishing and storage.

The business receives regular deliveries of bulky and heavy base materials that are converted into printed goods. Due to the design and operations of the business most of these goods need to be transferred to the first floor for storage. The only practicable alternative to using the lift would be to manually carry goods, some of significant weight and dimensions, up 2 flights of stairs which, in the opinion of the Inspectorate would significantly increase risks to the health and safety of employees.

In order to be defined as a service lift (ie non-passenger carrying) under the Lift Regulations the internal dimensions of the lift car must not exceed 1.25m2 of floor area and a depth, a height and a width of 1.4 metres. The lift at Bigwoods has a measured depth of 1.9 metres, height of 1.5 metres and width of 1.2 metres. The lift therefore exceeds the maximum dimensions permitted, albeit by relatively nominal amount, and therefore attracts the additional safety requirements for passenger lifts.

Lift installation at Bigwoods

Consideration was given to reducing the internal height and depth of the lift car by fitting false walls, thereby removing the requirement for an exemption, however a significant number of palletised goods and reels of paper received on a regular basis would not fit in a reduced size car. For example, reels of printing paper each 1.48 metres in length and weighing in excess of 30Kg, which would otherwise have to be manually carried up 2 flights of stairs.

Whilst the platform lift does not meet the prescriptive requirements of a service lift under the Lift Regulations there are a number of characteristics and controls that support the request for an exemption:

the outward appearance of the lift would typically indicate that it is not suitable for carrying passengers
the restricted height of the lift car would prevent an adult of average UK height to be able to stand straight, thereby reinforcing its unsuitability for carrying passengers
company rules do not permit anybody to access the lift and there is prominent signage indicating the lift is for use as a goods lift only, and the carrying of passengers is prohibited
the lift is slow moving, taking approximately one minute to travel the short distance between the floors, so there is no timesaving incentive to ride the lift
it is not possible for one person to operate the lift and be a passenger as the control buttons are located to one side of the lift door on each landing. There are no control buttons in the lift itself
senior management monitor use of the lift, which is in a prominent position within the working areas
only trained personnel are authorised to operate the lift
should employees disobey the company rules and travel on the platform this would require the connivance of another person to operate the lift controls

The engineer surveyor who thoroughly examined the platform lift has confirmed that he is satisfied that the lift installation is safe for use. The lift is subject to 6 monthly thorough examination by a competent person in accordance with the statutory period of examination under the Lift Regulations.

Conclusion and recommendation

It is recommended that the Minister grant an exemption from the requirements of Regulations 8(c) and 8(d) of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, in respect of the lift installed at Bigwood Premier Printers Limited, 4 La Rue Martel, Rue des Pres Trading Estate, St Saviour.

Tammy Fage

Director of Health and Safety

25 November 2021

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