Application for exemption under the Health and Safety at Work (Lifts) (Jersey) Regulations, 1960.

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A decision made (04/04/2007) regarding: Application for exemption under the Health and Safety at Work (Lifts) (Jersey) Regulations, 1960.

Subject:	Application for exemption under the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990.
Decision Reference:	MD-S-2007-0025		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 a certificate of exemption for a lift to be installed at the premises of Regal Construction (Jersey) Ltd., Haut Bois, St Lawrence
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 an exemption to Regal Construction (Jersey) Ltd. from Regulation 8(b) of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, in respect of a Gartec Disabled Platform Lift, to be installed in phase II of the development of their premises at Haut Bois, St Lawrence.
Reason(s) for decision: The Minister is satisfied that the installation of the disabled platform lift will not result in a reduction of the safety for users of the installation whilst it is being used for its stated use.
Action required: Minister to sign the Certificate of Exemption in respect of the installation. The Director of Health and Safety is to advise Regal Construction (Jersey) Ltd of the granting of the exemption.
Signature: Senator P F Routier - Minister		Date of Decision: 4 April 2007

Application for exemption under the Health and Safety at Work (Lifts) (Jersey) Regulations, 1960.

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

Application for a certificate of exemption for a lift to be installed at the premises of Regal Construction (Jersey) Ltd, Haut Bois,

St Lawrence

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 the requirements to which the exemption relates are not necessary 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 intended to be installed at the premises of Regal Construction (Jersey) Limited, Haut Bois, St Lawrence.

2. Background

2.1 Previous exemption granted for similar lift installation

In 2005, the Employment and Social Security Committee granted an exemption to Regal Construction Ltd. for the installation of a lift at their premises at Haut Bois, St Lawrence. The exemption enabled a type of lift installation referred to as a disabled platform lift, to be installed as part of phase I of the development of their new workshop and offices.

Regal Construction (Jersey) Ltd. has now applied for an exemption in respect of an identical lift installation which it is proposed is installed in phase II of the development of their Haut Bois premises.

2.2 Lift installation

The proposed lift is described as being a disabled platform lift, supplied and installed by Gartec Ltd., Unit 6, Midshires Business Park, Smeaton Close, Aylesbury, Buckinghamshire. UK. It has been confirmed that this lift is being installed to provide access for disabled persons to the upper floors of the building.

Similarly to the previous lift installation, the proposed lift installation does not meet the requirements of the Lift Regulations in that it is not provided with a car door as required by Regulation 8(b).

2.3 Disabled platform lifts

The Employment and Social Security Committee had previously given consideration to the application of the Lift Regulations to disabled platform lifts at its meeting held on the 13th April 2000, and granted a general exemption, Certificate of Exemption 8108/3, from certain requirements of the Lift Regulations. This exemption provides for such lifts to be exempted from the requirements of Regulation 6, which requires the lift shaft to be fully enclosed, and Regulation 8, which includes the requirement for lift cars to be fitted with car doors, providing that the installation complies with the provisions of British Standard 6440:1999 Powered lifting platforms for use by disabled persons – code of practice. The code of practice stipulates a number of safety features which ensure the safety of persons travelling in the lift.

The disabled platform lift intended to be installed at the premises of Regal Construction (Jersey) Ltd. will have a travel distance of 5.440 metres, which results in the installation being outside of the scope of British Standard 6440, which only applies to disabled lift platforms having a maximum travel distance of 4.0 metres. The application of the general exemption cannot therefore be applied to this lift installation.

2.4 Application for an exemption from the Lifts (Jersey) Regulations 1990

In view of the previous general exemption granted by the Committee in respect of the lift installed as part of phase 1 of the development of the premises, it would appear appropriate for a specific exemption to be granted to this lift installation, providing an exemption from the requirement for the lift platform to be fitted with a car door.

3. Recommendation

It is recommended that the Minister should grant an exemption from the requirements of Regulations 8(b) of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, in respect of this installation.

Colin Myers

Director of Health and Safety

4th April 2007