Lifting Operations and Lifting Equipment (LOLER) Policy Version: 1 Status: Final Title of originator/author: Health Safety and Security Manager Name of responsible director: Executive Director of Nursing and Governance Developed/revised by group/committee and Date: Health and Safety Group 14 July 2015 Approved by group/committee and Date: Health and Safety Group 14 July 2015 Effective date of issue: (1 month after approval date) August 2015 Next annual review date: July 2018 Date Equality Impact Assessment Completed June 2015 Regulatory Requirement: Health and Safety at Work, etc. Act 1974 The Management of Health and Safety at Work Regulations 1999 The Lifting Operations and Lifting Equipment Regulations 1998 Provision and Use of Work Equipment Regulations 1998
Transcript
Lifting Operations and Lifting Equipment
(LOLER) Policy
Version: 1
Status: Final
Title of originator/author: Health Safety and Security Manager
Name of responsible director: Executive Director of Nursing and Governance
Developed/revised by group/committee and Date:
Health and Safety Group 14 July 2015
Approved by group/committee and Date:
Health and Safety Group 14 July 2015
Effective date of issue: (1 month after approval date)
August 2015
Next annual review date: July 2018
Date Equality Impact Assessment Completed
June 2015
Regulatory Requirement: Health and Safety at Work, etc. Act 1974 The Management of Health and Safety at Work Regulations 1999 The Lifting Operations and Lifting Equipment Regulations 1998 Provision and Use of Work Equipment Regulations 1998
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Trust Policy Foreword SWASFT has a number of specific corporate responsibilities relating to patient and staff safety and wellbeing which should be included within all Trust policy and strategy, as a foreword inside the front cover: Code of Conduct and Conflict of Interest Policy - The Trust Code of Conduct for Staff and its Conflict of Interest and Anti-Bribery policies set out the expectations of the Trust in respect of staff behaviour. SWASFT employees are expected to observe the principles of the Code of Conduct and these policies by declaring any gifts received or potential conflicts of interest in a timely manner, and upholding the Trust zero-tolerance to bribery. Compassion in Practice – SWASFT will promote the values and behaviours within the Compassion in Practice model which provide an easily understood way to explain our role as professionals and care staff and to hold ourselves to account for the care and services that we provide. These values and behaviours reflect the Trust’s commitment to developing an outstanding service through the conduct and actions of all staff. SWASFT will encourage staff to demonstrate how they apply the core competencies of Care, Compassion, Competence, Communication, Courage, and Commitment to ensure our patients experience compassionate care. Duty of Candour – SWASFT will, as far as is reasonably practicable, apply the statutory Duty of Candour to all reported incidents where the Trust believes it has caused moderate or severe harm or death to a patient. This entails providing the affected patient or next of kin (within strict timescales) with: all information known to date; an apology; an explanation about any investigation; written follow-up; reasonable support; and the outcome fed back in person (unless they do not want it). The only exception is where making contact could have a negative impact upon the next of kin. SWASFT employees are expected to support this process by highlighting (early) any incident where they believe harm may have been caused. Equality Act 2010 and the Public Sector Equality Duty - SWASFT will act in accordance with the Equality Act 2010, which bans unfair treatment and helps achieve equal opportunities in the workplace. The Equality Duty has three aims, requiring public bodies to have due regard to: eliminating unlawful discrimination, harassment, victimization and any other conduct prohibited by the Act; advancing equality of opportunity between people who share a protected characteristic and people who do not share it; and fostering good relations between people who share a protected characteristic and people who do not share it. SWASFT employees are expected to observe Trust policy and the maintenance of a fair and equitable workplace. Fit and Proper Persons – SWASFT has a statutory duty not to appoint a person or allow a person to continue to be an executive director or equivalent or a non-executive director under given circumstances. They must be: of good character; have the necessary qualifications, skills and experience; able to perform the work they are employed for (with reasonable adjustments); able to provide information required under Schedule 3 (Health and Social Care Act 2008 (Regulated Activities) Regulations 2014). The definition of good character is not the test of having no criminal convictions but instead rests upon judgement as to whether the person’s character is such that they can be relied upon to do the right thing under all circumstances. This implies discretion for boards in reaching a decision and allows that people can change over time. Health and Safety - SWASFT will, so far as is reasonably practicable, act in accordance with the Health and Safety at Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999 and associated legislation and approved codes of practice. It will provide and maintain, so far as is reasonable, a working environment for employees which is safe, without risks to health, with adequate facilities and arrangements for health at work. SWASFT employees are expected to observe Trust policy and support the maintenance of a safe and healthy workplace. Information Governance - SWASFT recognises that its records and information must managed, handled and protected in accordance with the requirements of the Data Protection Act 1998 and other legislation, not only to serve its business needs, but also to support the provision of highest quality patient care and ensure individual’s rights in respect of their personal data are observed. SWASFT employees are expected to respect their contact with personal or sensitive information and protect it in line with Trust policy. NHS Constitution - SWASFT will adhere to the principles within the NHS Constitution including: the rights to which patients, public and staff are entitled; the pledges which the NHS is committed to uphold; and the duties which public, patients and staff owe to one another to ensure the NHS operates fairly and effectively. SWASFT employees are expected to uphold the duties set out in the Constitution. Risk Management - SWASFT will maintain good risk management arrangements by all managers and staff by encouraging the active identification of risks, and eliminating those risks or reducing them to the lowest level that is reasonably practicable through appropriate control mechanisms. This is to ensure harm, damage and potential losses are avoided or minimized, and the continuing provision of high quality services to patients, stakeholders, employees and the public. SWASFT employees are expected to support the identification of risk by reporting adverse incidents or near misses through the Trust web-based incident reporting system.
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APPENDIX A – IS MY EQUIPMENT SUBJECT TO LOLER? ... ...................................... 10
APPENDIX B – VERSION CONTROL SHEET ................ ................................................. 11
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1. Purpose 1.1. The purpose of this document is to support the South Western Ambulance Service
NHS Foundation Trust’s (hereafter referred to as the Trust) Health and Safety Policy. It should be regarded as the standard that each department is expected to achieve and against which performance will be monitored and reviewed.
1.2. This policy seeks to set out how the Trust will comply with the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) where it applies to lifting equipment and builds upon the requirements of the Provision and Use of Work Equipment Regulations 1998 (PUWER).
1.3. The Health and Safety at Work, etc. Act 1974 requires the Trust to ensure, so far as is reasonably practicable, the health and safety of all employees while at work. It also has a responsibility to ensure that others are not put at risk by work-related driving activities.
1.4. The Management of Health and Safety at Work Regulations 1999 commits the Trust to managing health and safety effectively by assessing the risks of health and safety to staff whiles they are at work and to others who may be affected by our work activities.
1.5. Lifting activities and equipment should be managed in the same way as any other risk and integrated into the existing arrangements for managing health and safety through:
• A Policy covering the use of lifting equipment provided as work equipment • Systems to ensure all lifting operations are properly planned • Ensuring all lifting equipment is used in a safe manner • Thorough examination, at suitable intervals, by a competent person • Co-operation across departments with different responsibilities for work-
related safety • The Trust’s risk assessment process
2. Scope 2.1. The authority to implement all aspects of the policy will be devolved to directorate
level and a monitoring role developed.
2.2. The Trust undertakes to ensure that managers are aware of the standards required as defined in this policy and the measures required to meet them.
2.3. Employees will be responsible for making themselves fully aware of this policy.
3. Duties, Responsibilities and Reporting 3.1. The Trust’s Board
The Trust’s Board is responsible for: • ensuring appropriate structures are in place to enable the Trust to fulfil its
responsibilities with regard to this policy
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• ensuring appropriate structures are in place to effectively implement this policy • committing those financial, managerial, technological and educational
resources necessary to adequately implement and control the management of safe driving in the workplace.
3.2. The Chief Executive The Chief Executive will be responsible on behalf of the Trust Board for the effective implementation of this policy
3.3. Executive Directors Where appropriate, individual Directors will have responsibility for the effective implementation of this policy within their area of control and will, in liaison with the Health, Safety and Security Manager, review the effectiveness of this policy on a regular basis.
3.4.1 Senior Managers/Operational Managers/Line Managers will be responsible for the
effective implementation of this policy within there area of control. 3.4.2 Senior Managers/Operational Managers/Line Managers are responsible for ensuring
all members of staff under their control are fully aware of this policy. 3.5. Fleet Department 3.5.1 The Fleet Department will ensure appropriate maintenance, inspection and thorough
examinations are undertaken relating to lifting equipment within their area of control and that records are kept, as appropriate.
3.5.2 The Fleet Department will monitor all vehicle-related incidents recorded via Datix and
defects via Tranman. 3.5.3 The Fleet Department will provide advice, guidance and support to OMs, Line
Managers and staff on vehicle related issues. 3.6. Estates Department The Estates Department will ensure appropriate maintenance, inspection and
through examinations are undertaken relating to lifting equipment within their area of control, liaising with landlords as appropriate, and that records are kept, as appropriate.
3.7. Incidents Manager
The Incidents Manager will ensure that all non-injury reported incidents relating to this policy are recorded and investigated appropriately. NB: As of October 2015 only incidents that are code ‘low’ and above will be investigated.
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3.8. Health, Safety and Security Manager The Health, Safety and Security Manager will be responsible for monitoring all
injuries resulting from lifting operations and activities.
3.9. Employees
Employees do not have specific duties under LOLER. However, employees still have general duties under the Health and Safety at Work, etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999, such as taking care of themselves and others who may be affected by their actions, co-operation with others and reporting of unsafe equipment or conditions.
4. Strategy for Compliance 4.1. Equipment and Operations Covered by LOLER
4.1.1LOLER applies to ALL lifting equipment used for work purposes, even where it was
manufactured and put into use before LOLER came into force in 1998. LOLER builds on the requirements of PUWER and applies when equipment is provided for those at work or for work purposes.
4.1.2 Lifting equipment includes any equipment used at work for lifting or lowering loads as
a principal function. It includes attachments used for anchoring, fixing or supporting it. Examples of equipment and accessories include:
• Goods/Passenger Lifts (which are provided for those at work, e.g. in an office
block) • Hoists or slings used for lifting people • Rope and pulley systems • Scissor lift • Mobile elevating work platforms (MEWPs) • Vehicle Inspection platform hoists • Vehicle tail lifts • Chains, ropes • Slings • Removable eyebolts, shackles, hooks
4.1.3 For marine activities, LOLER does not apply to lifting equipment which is part of
ship’s equipment, no matter where it is used. Ships are governed by shipping legislation which is dealt with by the Maritime and Coastguard Agency (MCA). However, regulations 6 and 8 of LOLER will apply in what are called “specified operations”, where any lifting equipment is used by people other than the master and crew of the vessel or where only the master and crew are involved in the work but other people are put at risk.
4.2. Risk Assessment
4.2.1 Under the Management of Health and Safety at Work Regulations 1999, the Trust must make a suitable and sufficient assessment of the risks employees and others who affected by our activities. The risk assessment will therefore help in the selection of lifting equipment and assess its suitability for particular tasks. It is sensible to
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consult and involve those who will be using the equipment and those who are responsible for planning lifting operations.
4.2.2 The risk assessment will consider the following factors:
• How often the lifting equipment will be used • Where the lifting equipment will be used • The nature and characteristics of the load that the equipment will lift • The lifting capacity and stability of the equipment for its proposed use • The safe working load of the equipment • Any limitations on use specified by the supplier or manufacturer • Provision of adequate information, training and instruction of operators • Proper planning by a competent person of all lifting operations • Supervision, where required • Maintenance and inspection regimes, as applicable • Protection against slips, trips and falls • Any risk of damage to the lifting equipment which could result in failure • Any risk of the lifting equipment striking a person or object and the
consequences • Sufficient headroom, where applicable, and other proximity hazards • Any risks from any electrical, hydraulic or pneumatic power supplies or badly
designed safeguards. • Housekeeping and lighting around the work area. • Appropriate information, training and instructions for operators/users
This list is not exhaustive. Where work involves special hazards or higher risk
activities, requirements may be greater.
4.3. Marking of Lifting Equipment and Accessories
4.3.1All lifting equipment and accessories for lifting will clearly display the safe working load for each configuration or have information which clearly indicates its safe working load for each configuration kept with the machinery. This must be clearly marked or readily available to the operator or user of the equipment.
4.3.2 Accessories should be marked and stored in such a way so as to be readily
identifiable as to what piece of lifting equipment with which they should be used. 4.3.3 New equipment should be CE marked and be supplied with a Declaration of
Conformity and instructions, written in English.
4.4. Pre-use Check
4.4.1 Users of any lifting equipment will have appropriate training, information and instruction, so that they may confidently undertake pre-use checks on lifting equipment and accessories, and are able to identify faults or damage to the equipment. (These checks are NOT the same as maintenance or thorough examination).
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4.5. Competent Person
4.5.1The Trust will ensure that the person undertaking thorough inspections has appropriate practical and theoretical knowledge and experience of the lifting equipment to be thoroughly examined as will enable them to detect defects or weaknesses and to assess their importance in relation to the safety and continued use of the lifting equipment.
4.5.2 The competent person will not be the same person who performs routine
maintenance (as they would be responsible for assessing their own work). 4.5.3 The competent person should be sufficiently independent and impartial to make
objective decisions and may be utilised from Trust employees or externally sourced. 4.6. Thorough Examination 4.6.1 The extent of the thorough examination will depend on an assessment of the risks
based on the type of lifting equipment, where it is installed and how it will be used. 4.6.2 Thorough examination will be undertaken by a competent person:
• On initial use or following installation • Periodically during the life of the equipment to ensure it remains fir for use • Following certain exceptional circumstances, e.g. if it becomes damaged, has been
out of use for a long period, or after a significant change in use. Type or Equipment 6 months 12 months Examination Scheme
Accessory for lifting √ √
Equipment used to lift people √ √
All other lifting equipment √ √
4.6.3 Thorough examinations and supplementary inspections (where required) will be carried out under LOLER and limited to the lifting mechanism. However, PUWER requires all work equipment that is exposed to conditions causing deterioration which may result in dangerous situations to be inspected, therefore, for some lifting equipment there will be a requirement to inspect both the distinct lifting elements as well as the non-lifting elements.
4.6.4 If the competent person discovers a defect that involves an existing or imminent
risk of serious personal injury , then this must be reported immediately and a copy of the report must be sent to the relevant enforcing authority (Health and Safety Executive), even if the defects are remedied immediately.
4.6.5 The Trust will take action to rectify any defect it is informed about and where
notification is received of a serious or significant defect, the lifting equipment must be taken out of service until the defect has been put right to ensure that the Trust
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remains compliant with the law. For defects that need to be rectified within certain timescales, the defective equipment must be repaired or replaced within the specified time.
4.7. Load Testing
4.7.1 The competent person will decide whether or not a load test is necessary and the
nature of the test as part of the thorough examination.
4.8. Record Keeping 4.8.1 Records must be kept of all thorough examinations for all Trust lifting equipment.
Retention periods are indicated in the table below.
Type of examination or inspection Retention period
Thorough examination before first use Lifting equipment – until the Trust ceases to use the lifting equipment Lifting accessories – for two years
Thorough examination before use where the safety of the equipment depends on the installation conditions.
Until the equipment is no longer in use at the place where it was installed/assembled.
In-service thorough examination (6-monthly, 12-monthly or examination scheme).
Until the next report is made or two years, whichever is the later.
In-service inspections/tests.
Until the next report is made
5. Monitoring and Review 5.1 The Fleet Department will monitor non-injury incidents relating to lifting operations
and activities involving Trust vehicles and workshop lifting equipment and will provide quarterly reports on these incidents to the Health and Safety Group.
5.2 The Estates Department will monitor non-injury incidents relating to lifting operations
and activities within their area of control and will provide quarterly reports on these incidents to the Health and Safety Group.
5.3 The Health, Safety and Security Department will monitor all injuries resulting from
lifting operations and activities. Any significant accidents will be reported to the Health and Safety Group.
5.4 This Policy will be reviewed every three years and/or following any significant
operational, structural or legislative changes, in accordance with the Trust’s review of other health and safety policies.
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5.5 The Trust needs to demonstrate that policies are being adhered to and are effective. This policy will be monitored by the Health and Safety Group.
5.6 Any exceptions to compliance with this policy will be included in the annual health
and safety report which will be reported to the Health and Safety Group and relevant manager. Any exceptions identified will be included on the Health and Safety Action Plan.
6. References For this policy, the following references apply:
• Health and Safety at Work, etc. Act 1974 • Management of Health and Safety at Work Regulations, 1999 • The Provision and Use of Work Equipment Regulations, 1998 • The Lifting Operations and Lifting Equipment Regulations, 1998 • The Corporate Manslaughter and Homicide Act 2007 • The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations
(RIDDOR) 2013 • HSE L113 (2nd edition) Safe Use of Lifting Equipment – Lifting Operations and
Lifting Equipment Regulations 1998 – Approved Code of Practice • HSE INDG290 (rev1) Lifting Equipment at Work • HSE INDG422 Thorough Examination of Lifting Equipment • HSE HSIS No.4 How Lifting Operations and Lifting Equipment Regulations
Apply to Health and Social Care
7. Associated Documentation
This policy links to:
• Health and Safety Policy • Risk Assessment Policy • Incident Reporting Policy • Serious Incident Policy • Training Policy and Training Needs Analysis • Lone Working Policy • Personal Protective Equipment Policy • Risk Management Strategy • Provision and Use of Work Equipment Policy
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Appendix A
IS MY EQUIPMENT SUBJECT TO LOLER?
Yes Yes
If you have answered YES to question 1 and any question 2 in the middle column and question 3, the equipment is likely to be subject to LOLER
Even if you have answered NO to question 1, you may still have duties under section 3 or
4 of the Health and Safety at Work, etc. Act 1974 to ensure the safety of users. If you have answered NO to all the questions in the middle column and/or question 3, the
equipment may still be subject to the need for inspection and maintenance under the provisions of PUWER.
1. Is the equipment provided for work
purposes or to people at work?
2. Is the equipment’s main purpose to lift or
lower a load?
2. Does the equipment attach a load to such
lifting equipment?
2. Does the equipment support, fix or anchor
equipment used to lift or lower a load?
2. Has the equipment been altered or adapted to allow it to lift or lower
a load?
3. Is the load lifted free from supporting
structures?
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Appendix B
VERSION CONTROL SHEET
Version Date Author Summary of Changes
1st Draft
24/02/15 Lesley Holliday, Health, Safety and Security Officer
