LOLER Facts.

[Mesterh]

Nope this isnt going to be another LOLER bashing/bitching thread, well not by me anyway and I hope it will stay that way

 

I was just after some hard facts about what is right or wrong etc to help me and maybe some others who are confused about the whole LOLER requirements

 

1. Does brand new equipment require a LOLER inspection?

 

2. Will A NPTC LOLER inspection course train you to be fully competent and at a standard that LOLER will recognise in checking all arb equipment?

 

3. When using subby's do I have to check that they have 6 monthly LOLER inspections?

 

4. When using subby's is there any other checks that I should carry out eg weekly kit inspections etc?

 

5. If I use a subby who hasnt/doesnt have his 6 monthly LOLER inspection on his kit has an accident that is NOT related to kit failure will I still be liable and will my EL insurance be void/invalid?

 

 

Thats about all I can think of atm but if anyone can shed some light than I would be very greatfull

 

Or if anyone has any other better or more important (relevant) questions then please ask also.

[Mr Ed]

I wonder if its at all possible that this thread can be answered by facts (and referances to back them up) or the usuall round of opinions.....

[Steve Bullman]

I wonder if its at all possible that this thread can be answered by facts (and referances to back them up) or the usuall round of opinions.....

[Mesterh]

I wonder if its at all possible that this thread can be answered by facts (and referances to back them up) or the usuall round of opinions.....

 

One can hope and pray, but just to disappointment some I wont be holding my breath

[Arbocop]

hi guys

 

well if it is referanced facts you want that may take a bit of time espcially as my copy of the ACOP is in the office. i will give you fact as far as i can and back up if in doubt.

 

 

1. NO & YES if new kit comes with a certificate of conformity or is made under one of the approved quality standard (PPE Regs not LOLER) then no inspection by a comp person is required.

 

if however no cert or proof is availible then an inspectionbefore first use is needed.

 

Alas some plaCES etc requre a recored of examination at first use. this is made a bit difficult as strictly speaking a CE mark on an item is nehter a cert of conformity or proof, thus certain items 'officially' should be looked at as they will not have a cert with them.

 

some suppliers will charge extra for a cert of conformity one rope manufactuer 10 quid a go plus vat.

 

so NO if iso/ce proof cert.

 

do you want the LOLERE referance???

[Arbocop]

Item 2 ill come back to.

 

3 subbies and inspection.

LOLER is enpowered under the enabling powers of the HSAWA etc 1974 and the LOLER REGS am.

 

they obviously have a duty to inspect their equipment under the loler regs pre use , intermidiate and periodic with assosiated records.

 

if you employ a subbie, you are stepping out of loler directly (although there is some stuff in there i would need to ref to get exactly correct) and moor likley to be failing some of the general duties of HSWA etc if we consider the genneral consept of vicariose liability. in short if you have a responcibility over people you are responcible for what hapens directly or not of your employment, stricly the liability of acts of the third party, ant the thing of this is it exists even if the employer is not negligent.

 

like some referance??? it is quite a defined principal in h n s

 

i think from memory the above lays within the genneral duties esp. sec 2 and 3 and possibley 37 but been a while since my nebosh,

 

so in a nut shell they should do it you should ensure thay are doing it, and of cource imlimiting this to inspections as dont forget LOLER is so much moor than just the inspection

[Arbocop]

5. that is for the procicuters and the court to decided, and also dont forget liability can be in the form of a criminalcase ie the hse comming after you and a civil claim ie the injured party alleging as you failed in some places it was all part of the 'systematic failiings that lead to the accident'

 

each case is differant, but i have had quite a bit of experiance as an expert witness on both sides and while one thing allone may not be the only thing you get done for especially in civil claims it is the whole thing that is collected toegther.

 

so in short, just try to avaoid getting in that position as the judge will make his choise.

 

cheers

 

kev

 

ill try and do soem more tommoreow with referances

[Dean Lofthouse]

5. ie the injured party alleging as you failed in some places it was all part of the 'systematic failiings that lead to the accident'

 

 

That is one huge umberella, which if you didn't do everything by the book could lead to you being prosecuted, right down to morning kit inspection, pre-work daily safety brief, not enough sugar in my tea so ran out of energy.......

[Mesterh]

Appreciating the info, keep it coming please

 

Strange the way no one else is contributing

[bob]

To be totally honest i am sick and tired of posting views facts and advice on this subject to be ridiculed and mocked.

When will folk start to take legislation with the interest and respect it deserves (that does not mean comply)just be aware it is there and what it means to us.IT IS THERE TO HELP AND PROTECT US