The team from Ardent Lift Consultancy discuss the process for carrying out Lift and Escalator Industry Association inspections during the pandemic. 

LEIA (the Lift and Escalator Industry Association) was quick to react when the initial Lockdown period was announced in March 2020, ensuring lift engineers and personnel within the industry were identified as ‘key workers’. This ensured that lifts could be maintained, inspected and repaired, providing people who rely on lift service within their homes or places of work with safe and reliable service.

As part of this, LOLER inspections should have taken place, as generally performed by the insurance inspectors under the building’s engineering insurance policy (we expand upon these below). 

However, we have noted within the practice that a number of Thorough Examinations have slipped through the net, with visits missed during March/April 2020 and these even rolling into the restrictions of November (potentially having 2 consecutive visits missed).

Whilst the insurance companies should be making Property Managers aware of these missed visits, ultimately, it is the ‘Owners and Operators’ who are responsible for having these documents in place and failure to do so could see insurance policies voided.

Our advice in this month’s edition of Flat Living is to review the LOLER inspection reports for your building(s) to ensure your documentation is up to date. If you have fallen behind, ensure the insurance provider is contacted to arrange an urgent visit.

If this is not being conducted in a swift enough timeframe for your assurance, feel free to contact us as we may be able to assist.

What Are the Requirements for LOLER Inspections?

As owners or operators of lifts, you need to have your lifts ‘regularly’ maintained by a suitably qualified person/company. Additionally, you are required, under the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) to have your lift Thoroughly Examined by a ‘Competent Person’ who will assess the safe operation of your lift (often mistakenly called “insurance inspections”).

The purpose of the regulation was to reduce the risk of injury from lifting equipment used at work; however, even if lifts are within residential premises, this should not exclude them from the regulation, as for many people (property managers, maintenance staff, delivery drivers, cleaners, etc) the apartments are their place of work.

The regulation stated that all lifts provided for use with work activities should be Thoroughly Examined by a ‘Competent Person’ at regular intervals. Regulation 9 of LOLER requires all employers to have their equipment Thoroughly Examined prior to it being put into service and after there has been any major alteration that could affect its operation.

Owners or people responsible for the safe operation of a lift at work are known as ‘duty holders’ and have a responsibility to ensure that the lift has been Thoroughly Examined and is safe to use.

What is a Thorough Examination?

A Thorough Examination is a systematic and detailed inspection of the lift and all its associated equipment. Its aim is to detect any defects which are, or might become, dangerous. The competent person should then report them to the duty holder and if appropriate, the enforcing authority (the Health and Safety Executive or Local Authority).

How often should they be conducted?

When in use, lifts should be Thoroughly Examined every six months, if at any time it has been used to carry people. 

Lifts only used to carry loads should be examined every 12 months. 

If any substantial or significant changes have been made to the equipment, then this would also require an examination as would any change in operating condition which is likely to affect the integrity of the equipment.

Who is a Competent Person?

• Lift Insurance Inspectors
• Client appointed persons (The person who is responsible for ensuring compliance to LOLER 1998 & HASAWA 1974 for that client) usually in larger organisations
• Lift Engineer where they deem a specific component to be requiring a further in-depth examination

The competent person is legally required to send you a written and signed copy of the report identifying any defects which need to be addressed. Giving details of any repair, renewal or alteration required to remedy the defect and a date by which it should be undertaken.

How do I Know if My Service Provider is Addressing the Identified Defects?

It is important to obtain written confirmation of the completion of the identified defects, particularly those of a timed nature. Subject to the level of maintenance contract in place, many items highlighted within the LOLER inspections can be addressed during the next scheduled maintenance visit.

However, on occasions, the Lift Contractor will need to quote for works beyond their contractual remit. This is often where the process falls down as the client is not always keen to spend further monies on works and often results in repeat items being seen on the reports. Key to this is often ascertaining what is mandatory for the client to undertake and what is recommended but not enforceable.

How Can I Get Help Managing Which Recommendations to Undertake First?

ARDENT Lift Consultancy’s bespoke survey reports will highlight any items that should be undertaken in the short, medium and long term, which will enable a structured financial plan to be put in place for the works while minimising the potential for litigation.