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Updates on Standards and Legislation

Updates on Standards and Legislation

As a major stakeholder in the Lifting Equipment Industry, LEEA maintains a close relationship with Legislative Authorities and Standards bodies to ensure that we are in a position to advise members of any changes that may affect their products and working practices.

The following is a report from the LEEA Technical Manager on current changes and activity in legislation and standards applicable to Lifting Equipment.


Legislation

LOLER ACOP 2014
On the 17th December 2014 the new LOLER ACOP was published and is available to download for free from the following link:

http://www.hse.gov.uk/pubns/books/l113.htm

I have reviewed the document against the comments made by our Technical Committee and am pleased to announce that around 69% of the comments we have made have been included in the guidance. That said, the other 31% remains grey, and it will be left up to our Technical Committee to decide on the best course of action to address these issues when they meet on the 10th February 2015. All members are welcome to attend this meeting.

To help the committee decide, the important comments, in my opinion, that we made and have not been addressed in the new guidance are as follows:

  1. Clarity on rope climbing, as most are used as an aid to climbing only and not used for rescue, therefore fall arrest PPE. With regards telecommunication towers you would generally climb the structure and the rope is used for back up fall arrest. The new guide classes such items as lifting equipment.
  2. Unfortunately the supply legislation doesn’t make a clear join with LOLER. The new Machinery Directive and UK regulations are now clear about what happens to the declaration of conformity. The declaration of conformity will be held in the manufacturer’s technical file and dated when the manufacturer first placed that product on the market. That could be years ago. A copy will accompany the equipment. Many portable items can be held in stock at various stages of the supply chain. There is no way of knowing for how long. Therefore can new unused equipment with a declaration of conformity be taken into service without a report of thorough examination even if more than 12 months old? If the answer is no, then effectively every item will require a report of thorough examination.
  3. Certain items are excluded from the requirement to thoroughly examine after installation. This exclusion appears to be aimed at equipment such as mobile cranes. However, much portable equipment used for maintenance is installed by the user when required and removed afterwards. For example fitting a trolley to a runway beam and hooking in a hand chain block. It would be helpful to clearly exclude this from the meaning of installation.

    However there is a further complication on which guidance would be helpful. HSE advice to us on the status of lifting structures supplied without a lifting machine is that they are outside of the scope of the machinery directive. For example a slewing jib or a runway beam. However when assembled with a lifting machine the assembly is within scope. Therefore the assembler is the manufacturer of the finished product and responsible for affixing the CE marking and issuing the declaration of conformity. Clearly there has to be a dividing line between this type of permanent assembly or installation and the temporary installation referred to above which is made by the user. Guidance on this matter would be helpful.
  4. Further clarity on examination schemes for lifting accessories. Note that the guidance has replaced the term, ‘lifting accessory’ throughout this subject with the term ‘Lifting Equipment’. This is a step in the right direction and coupled with the guidance, I think it does make it a little more difficult to abuse this part of the legislation with regards to lifting accessories.

Finally it would appear that pallet trucks have been included in the definition of lifting equipment. In the past LEEA has considered that, although they do lift the load clear of the ground, the primary function is to traverse the load and therefore we did not classify them as lifting equipment. I think this needs further discussion as to the interpretation of the guidance here, but it could mean that these items are now considered as lifting equipment requiring 12 monthly thorough examination.

PUWER ACOP 2014
In addition to the LOLER ACOP we also saw the publication of the new PUWER ACOP in November 2014, and it can be downloaded from the following link:

http://www.hse.gov.uk/pubns/books/l22.htm

We had fewer comments to make on this document during the consultation than we did for the LOLER ACOP. Most of these where minor and have been accepted. Unfortunately the main guidance that we had requested has not been addressed, but this I anticipated given past discussions on the topic with the HSE.

The issue is that of the requirements for the supply of second hand, modified or reconditioned lifting equipment. In most cases the equipment has been improved in terms of safety, but it is not possible for the modifier to legally issue an EC Declaration of Conformity due to the fact that the second hand component, although of proven design, is of unknown composition and manufacture.

We have a working group that has been developing a guidance to this and we have had some interest and input from the HSE. However, no solution has been agreed and activity on the working group has stagnated, I will therefore make every effort to breathe some life back into this working group with an aim to finding a resolution by the end of the year.

Management of Health and Safety at Work Regulations ACOP
With regards to L21, the ACOP to the Management of Health and Safety at Work Regulations, this code of practice has now been withdrawn. If you are looking for information on how to manage risks in your business, HSE has a suite of guidance that will be able to help. Each level of guidance on HSE’s website offers appropriately targeted information, focussed on making compliance as straightforward as possible. Further information can be found by clicking on the following link:

http://www.hse.gov.uk/pubns/books/l21.htm

Construction (Design and Management) Regulations
The HSE has published a draft guidance on the legal requirements in the Construction (Design and Management) Regulations, CDM 2015, which is available on their website.

Subject to parliamentary approval CDM 2015 will come into force on the 6th April 2015. These will replace the existing CDM 2007 regulations. It has been published as a means of helping anyone who has duties under these regulations to prepare in advance.


BS EN Standards

BS EN 13155 – Cranes Safety – Non-fixed Load Lifting Attachments
I announced at the last Technical Committee and subsequent Technical bulletin meeting that the amended draft of this standard was available for public comment and that the closing date was set for 2nd February 2015. My comments and those of our members have been collated and are ready for submission. There is still time left, so if you have an interest in this standard and would like to comment, please contact the Technical Manager for a copy of the draft.

Once all comments have been received by the CEN secretariat a comments resolution meeting will be scheduled and I will be in attendance. Therefore if you have any further comments following the closing date then please let me know and I will do my best to ensure they are addressed at the meeting. If significant changes are required at this meeting then a final draft will be prepared for public comment. If only minor changes are made, then it is likely that this stage will be skipped and the standard published.

I will be keeping our members informed at the Technical Committee meetings and subsequent Technical Bulletins.

CEN TC 147 WG 14 – Light crane systems project
The working group, of which I was a participant, have worked hard over the course of last year to bring this standard to the initial public comment stage. The standard was sent to CEN enquiry on the 12th of December 2014 as planned and according to the CEN database the enquiry will launch on the 19th March 2015

This standard covers steel and aluminium light crane systems, monorails and slewing jibs. Once published it is likely that it will have implications on BS 2853 and will result in the withdrawal of BS 7333.

As soon as it is available I will advise all interested parties, therefore if you are interested, can you please let me know and provide me with your email address. Due to the date of the enquiry it is possible that we will be able to discuss and comment on it at the Technical Committee meeting on the 14th April 2015.


BS EN ISO Standards

BS EN ISO 3266:2010 / Amd 1 Forged steel eyebolts grade 4 for general lifting purposes
The amendment of this standard is in terms of type testing and a new requirement for such tests to be conducted at an angle. The current standard only requires type testing along the axis of the bolt. I circulated the draft to the technical committee in July for comments to be forwarded to me no later than the 5th October 2014.

I was in favour of the amendment and the lack of comments sent to me suggested that the technical committee was of the same opinion. I therefore sent a positive vote.

The draft amendment to ISO 3266 has now been approved, and due to there being very few comments made it is likely that the FDIS stage will be skipped and the amended standard published. I will advise as soon as it is.


ISO Standards

ISO 16872 and ISO 16877
These are the standards for VH and TH fine tolerance chain for lifting machines. At the February 2014 technical committee meeting I advised that they were at the DIS stage and comments would be required by the 13th April 2014. Due to the small amount of comments submitted it was agreed that the FDIS stage should be skipped. Therefore following a comments resolution meeting to resolve the minor comments submitted, these standards have now been published.