If you have a rescue or escape device which lifts a person, but is only used in an emergency by the person subject to that emergency (such as a fixed-rate descent system for a tower crane, or the lifting straps on a stretcher), is it PPE, or LOLER lifting equipment, or both, or neither?
We regularly get asked this question as it makes a crucial difference to how the equipment is inspected and certified. LOLER seems to imply inspections every 6 months. If it's PPE then that changes to every 12 months. If it's neither, inspections under PUWER can happen as (in)frequently as you want, leaving the device untouched for years in some cases. How about the need for a CE marking, or a safe working load?
...and the answer is...
They're work equipment under PUWER, and so require inspection in accordance with regulation 6:-
Puwer 1998: Inspection: Reg 6:
(2) Every employer shall ensure that work equipment exposed to conditions causing deterioration which is liable to result in dangerous situations is inspected -
(a) at suitable intervals; and
(b) each time that exceptional circumstances which are liable to jeopardise the safety of the work equipment have occurred
If the equipment is stored correctly (sealed against moisture, light, etc.) then it isn't "exposed to conditions causing deterioration", and so reg 6 ceases to apply. If it's stored in a way that could lead to deterioration (exposed to rain, sunlight, used for training, rattling about in the back of your car, etc.) then reg 6 kicks in, and you need to do recorded inspections. The 'suitable intervals' will be defined by the product manufacturer, and we generally consider 'exceptional circumstances' to include use of the equipment in a real emergency event.
Despite this, rescue equipment is most certainly not PPE, as it's only used after an emergency has happened. This is useful, as it avoids hitting the 12-month inspection rule from EN365. If the manufacturer says a 'suitable interval' is ever 4 years, then every 4 years it shall be.
But what about LOLER? Is this stuff lifting equipment?
Yes. Unfortunately, LOLER doesn't give a crap about why you're using something - if it lifts a person and it's used in a workplace, then it's covered by LOLER, irrespective of how much that person is bleeding. Why should we care? Well, because although LOLER regulation 9(3) has the same 'subject to degradation' wording as used in PUWER and so we can ignore inspections of perfectly-stored equipment, when we do decide an inspection is needed it must be a LOLER Thorough Examination, and the hulking great report that goes with one - not just a tick in a box or an initial on a sticky label.
