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

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A decision made (28/04/2006) regarding Application for exemption under the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990.

Subject:	Application for exemption under the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990.
Decision Reference:	MD-S-2006-0036		Exempt clause(s):	n/a
Type of Report: (oral or written)	written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:	File 3/7/3
Written report – Title	Health and Safety at Work (Lifts) (Jersey) Regulations, 1990. Application for certificates of exemption for lifts installed at the premises of C. I. Bakery
Written report – Author (name and job title)	Colin Myers Director of Health and Safety
Decision(s): In accordance with Regulation 9 of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, the Minister granted exemption to C.I. Traders Limited from Regulation 8(b) and 8(c) of the Health and Safety at Work (Lifts)(Jersey) Regulations, 1990, in respect of lift reference Stannah A 28845 and lift reference Stannah A 28854 installed at the premises of C.I. Bakery, 28 – 34 Rue des Pres Trading Estate, St Saviour.
Reason(s) for decision: The Minister is satisfied that C.I. Traders Limited have provided justification that granting the exemption from the Regulations will not result in a reduction of safety for users of the installations.
Action required: Minister to sign the Certificates of Exemption in respect of both installations. The Director of Health and Safety is to advise C.I. Traders Limited of the granting of the exemption.
Signature: (Minister/ Assistant Minister)		Date of Decision: 28 April 2006

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

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

Application for certificates of exemption for lifts installed at the premises of C I Bakery

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, as amended by the States of Jersey (Amendments and Construction Provisions No 8)(Jersey) Regulations, 2005, provides for the Minister for Social Security to issue exemptions from the requirements of the Regulations where he is satisfied that employees are not placed at risk.

This report recommends that consideration be given by the Minister to granting an exemption under Regulation 9 for two lift installations installed at the C. I. Bakery premises of C. I. Traders Limited, 28 – 34 Rue des Pres Trading Estate, St Saviour.

2. Background

2.1 Notification of the lift installation

The Inspectorate were contacted by C.I. Mandis, the manufacturing and distribution division of C. I. Traders Limited, seeking an exemption from the Lift Regulations for two lifts installed at their C. I. Bakery premises at 28 – 34 Rue des Pres Trading Estate. The approach to the Inspectorate was made as a result of advice to C.I. Mandis from the engineer surveyor, who carries out the competent person thorough examination of the lift installations, as required by the Lift Regulations.

2.2 Lift installations

The two lifts for which the exemption are being sought are lift reference Stannah A 28854 (referred to as the Lift 1 – Bread Lift), and lift reference Stannah A 28845 ( referred to as Lift 2 – Flour Lift). Lift 1 is used to move bakery products from the Production Floor (first floor) to the delivery area (ground floor) and return empty bread trolleys to the Production Floor. Lift 2 is used to take ingredients from the Bakery Store (ground floor) to the Production Floor (first floor).

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

The exemption being sought in respect of both lift installations are:-

 Regulation 8(b) as the internal car door to the lift car is capable of being opened when the lift car is not at the landing position, although raising the internal car door will stop the motion of the lift car; and

 Regulation 8(c) as the lift cars are not fitted with a means of summoning assistance in the event of an emergency.

C.I. Mandis have provided the following justification for seeking these exemptions.

Current Controls to prevent passenger use for Lift 1

· Bakery rules do not permit anyone riding in the lifts. For reasons of hygiene production staff must stay on the Production Floor and delivery staff must stay on the Delivery Floor.

· Employees are informed of these rules at the site induction, Supervisors monitor access to the lift and there are prominent signs reminding employees of the site rules. (picture 2 & 3)

· It is not possible for one person to operate the lift and be a passenger. The control buttons on the side of the lift are obscured by the door when open. (pictures 4 &5)

· The lift will not operate until the interlocked inner gate and outer door are closed. (pictures 6 )

· There are no control buttons in the lift itself.(picture 7 & 8)

· An intercom system (outside the lift) is used to warn colleagues that the lift has been loaded and about to move.

All the above controls, apart from the intercom, apply to Lift 2. However due to the fact that contractors can use the lift to move heavy or bulky items to the production floor, the following additional controls are in place.

· Contractors are requested to inform C.I.Bakery prior to the start of the contract if they will have need of the lift.

· If contractors have need of the lift they are informed of the site rules concerning the lift and informed of the times the lift cannot be used for reasons of production and hygiene.

· The contractor’s employees are informed of the rules for the use of the lift at their site induction.

· The warehouse manager (or stand in) works from Monday to Saturday and monitors the use of the lift by contractors.

· No contractor is allowed to work in the bakery on a Sunday.

· As part of bakery security and stock control procedures, this lift is also non-accessible to personnel after 4pm each day as the stores are locked at the end of the storeman shift.

3. Recommendation

It is considered that the exemption which is being sought will not result in persons, who disobey instructions and travel in the lift car, being exposed to a significant hazard as, should the car door be opened, the lift car will stop.

If a person is trapped in the lift car, he/she would not be able to summon assistance other than by shouting, however, in view of both lift installations being in a workplace where persons outside the lift could hear the calls for help, and the fact that the person travelling in the lift car would require the connivance of a second person to operate the lift controls in order to travel in the lift, it is considered that assistance would be available in the event of a person being trapped in the lift car.

It is therefore recommended that the Minister should consider granting an exemption from the requirements of Regulations 8(b) and 8(c) of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, in respect of both lift installations.

Colin Myers

Director of Health and Safety

Pictures of the Lift

Warning Signs Intercom

Picture 1 – Lift linking Production Floor to Delivery Area

Picture 2 & 3 – Permanent Notice next to lifts and on lift door

Door Closed Door Open

Picture 4 & 5 – Accessibility of external call buttons

Picture 6 – Interlocked inner gate and outer door

Pictures 7 & 8 Inside of the lift, no control buttons