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

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A decision made on 9 December 2021

Decision Reference: MD-S-2021-0082
Decision Summary Title :	Application for an exemption under the Health and Safety at Work (Lifts) Regulations, 1990		Date of Decision Summary:	26 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:	24 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(b) and 8(c) in respect of platform lift, serial number 26177225, installed at Fungi Delecti, Les Champs du Chemin, La Rue des Platons, Trinity. This exemption is subject to a condition that the lift installation be thoroughly examined by a competent person at least once every 6 months that the lift is in service.
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 Fungi Delecti 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 Fungi Delecti Limited, La Rue des Platons, Trinity

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 Fungi Delecti, Les Champs du Chemin, La Rue des Platons, Trinity.

The lift installation

The lift installation for which the exemption is being sought is a Platform lift manufactured by Penny Hydraulics in 2020, serial number 26177225. 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 platform lift was installed in 2021 and is used to transfer palletised goods from the ground floor to the first-floor main storage area of the company’s warehouse.

The platform lift is designed and manufactured for lifting and lowering goods only (not for the use by passengers). In the UK and Europe it would fall under, and comply with, the Machinery Directive, however the design of the lift and dimensions of the lift platform are such that it falls within the definition of a passenger lift under the Lift Regulations ie, it is a lift comprising of a lift car whose dimensions clearly permit the access of persons’.

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(b) as there is no lift car fitted. It is noted, however, that the door providing access to the platform is only capable of being opened when the platform is at the landing position and the platform is locked in position and the lift will not function if the door is open, and

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

Comments

Before the lift was installed, movement of palletised goods was carried out by forklift truck operating at ground level with delivery to/ retrieval from a loading bay at first floor level. Due to the design of the warehouse this required the FLT to operate in a restricted area at the entrance to the warehouse, presenting a real risk of persons being struck by the operating forklift truck. The platform lift undoubtedly provides a much safer means of moving palletised goods to the first-floor storage area.

This type of platform lift is used widely across the UK and Europe for moving goods and materials and meets the relevant standards for safety under the different legislative framework that exists in those jurisdictions. Whilst the platform lift does not meet the prescriptive requirements under the Lift Regulations in Jersey there are a number of controls that support the request for an exemption:

the dimensions of the platform physically prevent a person being able to access the platform whilst a pallet is being moved on or off the platform (using a hand operated pallet truck) or when situated on the platform
it is not possible for one person to operate the lift and be a passenger. The control buttons are located to one side of the lift door on each landing and must be held down continuously for the platform to operate (‘hold-to-run controls’). There are no control buttons in the lift itself
senior management monitor use of the lift, which is in a prominent position within the warehouse
only a limited number of trained personnel are authorised to operate the lift. Employees are reminded of this at induction and there are prominent signs reminding employees of the site rules
company rules do not permit anybody to access the lift platform and there is prominent signage indicating the lift is for use as a goods lift only, and the carrying of passengers is prohibited
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, with a recommendation that it be thoroughly examined at least once every 6 months. This would comply with the statutory period of examination under the Lift Regulations.

It is also noted that this platform lift is similar in design to previous platform lift installations for which exemptions have been granted, in that the lift installation does not meet the requirements of the Lift Regulations in respect of Regulations 8(b) and 8(c).

Conclusion and recommendation

It is recommended that the Minister grant 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 the platform lift installed at Fungi Delecti, Les Champs du Chemin, La Rue des Platons, Trinity, on condition of the lift being thoroughly examined by a competent person at least once every 6 months whilst in service.

Tammy Fage

Director of Health and Safety

24 November 2021

Photographs of the platform lift

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