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In my opinion "a competent person" is one not only qualified in lift engineering butcompetent
as a witness in accordance with the procedure laid down in Article 6(3) of the Regulations. In
these circumstances for the same firm to be responsible for regular maintenance and subsquently
to submit a report after a thorough examination of the same lift is likely to place too great a
burden on the loyalties of the staff in question.
It is by reason of this interpretation of the Regulations that letters have been addressed to
various firms pointing out the problems which could arise where they not only give an examination
service but carry out the repairs and maintenance as well.
The regulations are clear as to the procedure where the examination shows that the lift
cannot continue to be used with safety. Within twenty-eight days a copy of the report must be
sent to the enforcing authority.
A problem arises as to the interpretation of the requirement: "....shall be preserved and shall
be kept readily available for inspection by any inspector." Does this mean on the premises
where the lift is situated or within the offices of owner or managing agents away from the said
premi ses?
In either case to implement the Regulations a visit is required each six months. Where no
safety factors are involved it means that unless the inspector actually visits the premises and
sees the report there is no knowledge as to the frequency or otherwise of the examinations.
In term of man-hours and effort by the Inspectors the definition of "readily available" is of
supreme importance. The report ought to be on the premises and preferably fixed within a frame
inside the lift for all passengers to see and read. This would ensure that question I (a) on the
form prescribed for the report of examination of hoist or lift was properly answered. Often it has
been difficult to associate a report with a particular lift when more than one lift is in operation
in the same premises.
A practical issue not dealt with in the Hoists and Lifts Regulations, 1968. or the main Act
of 1963, is the necessity for the lift to be capable of being used at all times. The thorough examination
by a competent person may properly show that the lift can be used with safety, but the
lift may not work, or work only intermittently! Problems arise where the lift is relied upon to
give access to sanitary conveniences, washing facilities and drinking water, at places conveniently
accessible to the persons employed, and the lift just does not work. How many flights
of stairs should an employee have to climb or descend to constitute "conveniently accessible"?
The tendency now is for the construction of multi-storey office blocks where the staircases
are designed merely as fire exits Therefore the lift needs to be reliable in use as well as safe
to use In the older type of building the lifts often serve ce.tain floors only and the main toilet
suites are sometimes one floor above or below the nearest lift access.
Experience on regular routine inspections shows the need for fresh publicity concerning the
responsibility of employers to notify the enforcing authority that they intend to occupy an office
and that they must complete the statutory form of notification (OSR.I).