Health and Safety at Work (Lifts) (Jersey) Regulations, 1990: Exemption for lifts for use by persons of limited mobility

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A decision made 19 July 2012:

Decision Reference: MD – S – 2012 - 0056
Decision Summary Title :	Health and Safety at Work (Lifts) (Jersey) Regulations, 1990.		Date of Decision Summary:	12th July 2012
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 :	Health and Safety at Work (Lifts) (Jersey) Regulations, 1990.		Date of Written Report:	12th July 2012
Written Report Author:	Director of Health and Safety		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Granting of certificate of exemption for lifts intended for use by persons with limited mobility.
Decision(s): In accordance with Regulation 9 of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, the Minister granted an exemption from the requirements of Regulation 6 and 8 of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, on the condition that the lift installation met the requirements of BS 6440:2011‘Powered vertical lifting platforms having non-enclosed or partially enclosed liftways intended for use by persons with impaired mobility- specification’, or BS EN 81-41:2010 ‘Safety rules for the construction and installation of lifts – Special lifts for the transport of persons and goods, Part 41:Vertical lifting platforms intended for use by persons with impaired mobility’.
Reason(s) for Decision: The Minister is satisfied that lift installations meeting with BS 6440:2011 or BS EN 81-41:2010 are provided with alternative acceptable safeguards to those set out under Regulations 6 and 8 of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990.
Resource Implications: There are no implications for the financial or manpower resources of the States.
Action required: The Director of Health and Safety is to arrange for the notification of the granting of the exemption to be placed on the Inspectorate section of the States of Jersey website.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Health and Safety at Work (Lifts) (Jersey) Regulations, 1990: Exemption for lifts for use by persons of limited mobility

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

Granting of certificate of exemption for lifts intended for use by persons with impaired mobility

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. In certain circumstances, the Minister is able to grant an exemption from the requirements of the Lift Regulations.

A certificate of exemption, from Regulations 6 and 8 of the Lift Regulations, was granted by the Social Security Committee in 2000 for lifts which were specifically designed for the use of disabled persons, provided that the lift installation met the relevant British Standard, ‘BS 6440:1999 ‘Powered Lifting Platforms for use by Disabled Persons – Code of Practice’.

This British Standard has now been superseded by two new standards, ‘BS 6440:2011 ‘Powered vertical lifting platforms having non-enclosed or partially enclosed liftways intended for use by persons with impaired mobility- specification’, and BS EN 81-41:2010 ‘Safety rules for the construction and installation of lifts – Special lifts for the transport of persons and goods, Part 41:Vertical lifting platforms intended for use by persons with impaired mobility’.

It is recommended that the Minister grant an exemption from Regulations 6 and 8 for lift installations intended for use by persons with impaired mobility, with the condition that the lift installation meets the requirements of the relevant standard for the installation.

2. Background

In 2000, the Social Security Committee recognised the need to provide an exemption from certain requirements of the Lift Regulations for installations which had been specifically designed to assist the movement of disabled persons. The exemption permitted such lift installations to be exempted from Regulation 6, which sets out the requirements for the enclosure and gates of the liftway and Regulation 8, which includes the requirement for lift cars to be fitted with interlocked doors.

The Committee, in agreeing to an exemption, sought to ensure that the installation was provided with alternative satisfactory safeguards to protect the individual using the installation by placing a condition on the exemption requiring the lift installation to meet British Standard, ‘BS 6440:1999 ‘Powered Lifting Platforms for use by Disabled Persons – Code of Practice’.

Since the introduction of BS 6440 in 1999, developments in the framework for standards has resulted in two standards which now apply to lift installations intended for use by persons with impaired mobility. These new standards also reflect the technical development of such installations.

BS 6440:2011 ‘Powered vertical lifting platforms having non-enclosed or partially enclosed liftways intended for use by persons with impaired mobility- specification’ applies to lift installations which have non-enclosed or partially enclosed liftways and platforms, with a travel distance no greater than 3.0m. The introduction of this standard has resulted in BS 6440:1999 being superseded.

BS EN 81-41:2010 ‘Safety rules for the construction and installation of lifts – Special lifts for the transport of persons and goods, Part 41:Vertical lifting platforms intended for use by persons with impaired mobility’, applies to lift installations which have enclosed liftways within which lifting platforms travel. There is no limit placed on the travel distance for the installation.

3. Comment

The Lift Regulations set out detailed requirements for the construction, maintenance, thorough examination and use of non-domestic lift installations.

Regulation 6 requires liftways to be suitably enclosed and landing doors, providing access to the lift car, to be capable of being opened only when the lift car is at the landing place.

Regulation 8 places additional safety requirements for passenger lift installations including devices to prevent the lift car overrunning, doors to the lift car which can only be opened when the lift car is at a landing place, and alarms and safety devices which prevent the lift car operating.

Lift installations meeting the requirements of BS 6440:2011 and BS EN 81-41:2010 are considered to provide alternative safeguards to Regulations 6 and 8.

5. Recommendation

It is recommended that the Minister grants an exemption from the requirements of Regulation 6 and Regulation 8 to lift installations provided for the transport of person with impaired mobility, subject to the condition that the lift installation complies with either :-

a) BS 6440:2011 ‘Powered vertical lifting platforms having non-enclosed or partially enclosed liftways intended for use by persons with impaired mobility- specification’, or

b) BS EN 81-41:2010 ‘Safety rules for the construction and installation of lifts – Special lifts for the transport of persons and goods, Part 41:Vertical lifting platforms intended for use by persons with impaired mobility’, applies to lift installations which have enclosed liftways within which lifting platforms travel.

Colin Myers

Director of Health and Safety

12th July 2012

Social Security 12th July 2012

File No. 3/7/10