Provision and Use of Work Equipment Regulations 1998
PUWER 98
Legal considerations applying to lifts
> New lifts supplied after 30 June 1999 must comply with the Lifts Regulations 1997.
> Lifts installed prior to 30 June 1999 must comply with section 6 of the Health and Safety at Work etc. Act 1974.
Lifts in use must comply with the Management of Health and Safety at Work Regulations 1999 (MHSWR); the Provision and Use of Work Equipment Regulations 1998 (PUWER); and the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER).
Regulation 3 of MHSWR requires all employers and self-employed people to assess the risks to workers and any others who may be affected by their work or business. The risk assessment should be suitable and sufficient. It should identify people who may be harmed by the hazard, including members of the public.
In relation to lift maintenance, the lift owner has the primary duty and reference should be made to Regulation 5 of PUWER which essentially requires 'work equipment' to be maintained so that it is safe and its performance does not deteriorate to the extent that it puts people at risk.
For those premises where the lift is primarily for use by members of the public the lift owner still has to satisfy the requirements of sections 3 & 4 of the Health and Safety at Work etc.Act 1974. However the requirements of MHSWR, PUWER and LOLER will provide a guide to satisfying these legal duties