Housing Lift Safety Policy

Our vision

Our Housing Service vision is that all homes in East Suffolk are safe, suitable, and sustainable, in communities where residents are proud to live.

This vision supports the Sustainable Housing theme in the Council’s Corporate Strategy: Our Direction 2028.

Equality and diversity statement

East Suffolk Council is intent on ensuring people or communities do not face discrimination or social exclusion due to any of the following protected characteristics: age; disability; sex; marriage and civil partnership; race; religion or belief; sexual orientation; gender reassignment; pregnancy and maternity, and socio-economic deprivation.

This document complies with the Council’s equality and diversity policy.

Introduction and objectives

1.1. As a landlord, East Suffolk Council is responsible for repairs and maintenance to our homes, communal blocks and other properties we own and manage, some of which will contain electrical lifting equipment, such as passenger lifts, stairlifts and workplace equipment.

1.2. The key objective of this policy is to ensure our Cabinet, Corporate Leadership Team (CLT), employees, partners and tenants are clear on our legal and regulatory lift safety obligations. This policy provides the framework our staff and partners will operate to meet these obligations.

1.3. This policy forms part of our wider organisational commitment to driving a health and safety culture amongst staff and contractors (as detailed within our Health and Safety Policy). It will be saved on our shared drive and distributed to all relevant members of staff.

Policy scope

2.1. This policy applies to:

• The lifting equipment, which is installed within any housing assets which are owned by the Housing Revenue Account (HRA) and any which are leased by or managed as social housing stock or used for the purposes of Temporary Accommodation for those experiencing homelessness, for which the Council owes a statutory accommodation duty. This includes domestic dwellings (houses and flats), communal blocks containing such properties, retired living/supported/temporary housing schemes.

2.2. The policy is relevant to all our employees, tenants, contractors, and other persons who may work on, use, or who may be affected by our lifting equipment.

2.3. The policy should be used by all to ensure they understand the obligations placed upon East Suffolk Council to maintain safe lifting equipment for homes or buildings where it is installed. Adherence to this policy is mandatory and requires the full co-operation of management, and staff at all levels.

Roles and responsibilities

3.1. The Cabinet has overall governance responsibility for ensuring this policy is fully implemented to certify full compliance with legislation and regulatory standards. As such, Cabinet will formally approve this policy and review it every two years (or sooner if there is a change in legislation or regulation).

3.2. Corporate Leadership Team (CLT) is responsible for ensuring adequate resources are made available to meet the policy objectives.

3.3. The Housing Health and Safety board which is chaired strategic director will receive monthly performance reports in respect of lift safety and ensure compliance is being achieved. They will also be notified of any non-compliance issue identified.

3.4. The Strategic Lead for Regulatory Compliance has strategic responsibility for the management of lift safety, and ensuring compliance is achieved and maintained. They will oversee the implementation of this policy.

3.5. The Electrical and Lift Safety Contracts Manager will be responsible for the day-to-day delivery of all lift safety and lift servicing programmes.

3.6. Housing Services teams will provide support where gaining access to properties is difficult and will assist in facilitating any legal access processes, as per our Access Policy.

3.7. Residents are responsible for allowing access to their homes to carryout 6 Monthly Lifting Operation and Lifting Equipment Regulations (LOLER) inspections and annual servicing of their stairlifts and any necessary repairs as per the terms and conditions of their tenancy agreement.

Legislation, guidance and regulatory standards

4.1. Principal legislation applicable to this policy is as follows:

• The Health and Safety at Work etc. Act 1974
• The Lifting Operation and Lifting Equipment Regulations 1998 (LOLER)
• Provision and Use of Work Equipment Regulations 1998 (PUWER)

4.2. Approved Code of Practice (ACoP) - The principal ACoP applicable to this policy is:

• ACoP • ACoP L113 – Safe use of lifting equipment; Lifting Operations and Lifting Equipment Regulations 1998 (2nd edition 2014)

4.3. Guidance - The principal application to this policy is as follows:

• INDG422 - Thorough examination of lifting equipment: A simple guide for employers (2008).
• INDG339 - Thorough examination and testing of lifts: Simple guidance for lift owners (2008).

4.4. Additional legislation

This policy also operates within the context of the following legislation:

• Housing Act 2004
• The Occupiers' Liability Act 1984
• Workplace (Health Safety and Welfare) Regulations 1992
• Homes (Fitness for Human Habitation) Act 2018
• Management of Health and Safety at Work Regulations 1999
• Equality Act 2010
• Building Regulations 2010 - Part M
• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
• Construction, Design and Management Regulations 2015
• Data Protection Act 2018

4.5. Regulatory standards - We must ensure that we comply with the Regulator of Social Housing’s (RSH) regulatory framework and consumer standards for social housing in England; The Safety and Quality Standard, as part of the Social Housing Regulation Act 2023.

4.6. Sanctions - Failure to discharge our responsibilities and obligations properly could lead to sanctions, including: prosecution by the Health and Safety Executive (the HSE) under the Health and Safety at Work Act 1974; prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007; prosecution under LOLER or PUWER; and via a regulatory notice from the Regulator of Social Housing.

Obligations

5.1. LOLER

Passenger lifts in East Suffolk Council dwellings/workplaces (for example, offices, communal areas) which are used by people during their course of work, fall within the scope of LOLER.

LOLER requires landlords to maintain lifts and ensure that they have thorough examinations:

• Before use for the first time;
• After substantial and significant changes have been made.
• At least every six months if the lift is used at any time to carry people or every 12 months if the lift is only carrying loads (or in accordance with an examination scheme); and
• Following exceptional circumstances such as damage to, or failure of, the lift, long periods out of use, or a major change in operating conditions which is likely to affect the integrity of the equipment.
• Thorough examination reports must be kept for at least two years.

5.2. Health and Safety at Work etc. Act 1974

Section 3 of the Health and Safety at Work etc. Act makes employers, such as landlords, responsible for the health and safety of employees and people using or visiting their premises, so far as reasonably practicable (including tenants).

For passenger lifts in communal blocks and for tenanted properties with domestic lifts, duties may be adequately discharged by adopting the same provisions as applies to all other lifting equipment covered by LOLER (carrying out regular maintenance and a six-monthly thorough examination).

5.3. Provision and Use of Work Equipment Regulations 1998 (PUWER)

There is some overlap between LOLER and PUWER, which applies to all work equipment, including lifting equipment (such as hoists, lift trucks, elevating work platforms and lifting slings). The scope of this policy includes for lifts which are fixed within assets owned and managed by East Suffolk Council (i.e., passenger/stairlifts/through floor lifts/goods lifts) and not mobile lifting equipment.

5.4. Insurance

Insurers may impose demands for similarly stringent levels of risk management to cover public liability.

Statement of intent

6.1. East Suffolk Council acknowledge and accept our responsibilities with regards to Lift Safety under the legislation and regulations, as outlined in Sections 4 and 5.

6.2. East Suffolk Council will adopt the same principles to the management of lifts within communal blocks and domestic properties as for passenger lifts, goods lifts and any other lifts provided as work equipment. We will therefore carry out a programme of periodic servicing and maintenance and thorough examinations to lifts within domestic properties where these have been installed by us, or where our tenant has installed one and made us aware of it.

6.3. East Suffolk Council will ensure all lifting equipment is subject to a thorough examination before being commissioned into use for the first time.

6.4. All lifting equipment will be subject to a periodic thorough examination and routine servicing and maintenance.

6.5. All lifts that we install in properties we own or manage will be fully accessible for disabled users, as per the requirements of the Equality Act 2010, and to the specifications outlined in Part M of the Building Regulations 2004.

6.6. We will endeavour to ensure that all lifting equipment will always be in full working order. Where we become aware of a breakdown, we will ensure our lift contractor attends within four hours.

6.7. We will operate robust processes to deal with entrapment situations. In the event of any persons becoming trapped in a lift we are responsible for, our lift contractor will endeavour to attend within one hour.

6.8. We will operate a robust process to manage and rectify immediately dangerous situations identified during a lift safety check or any other maintenance work.

6.9. All passenger lifts will have an intercom that dials directly to a dedicated call centre. Call handlers will contact emergency services if there is an urgent concern for a person’s welfare.

6.10. When a void property has a domestic lift, we will determine whether it is to be retained for use by the next tenant. If it is not, it will be removed. If the lift is retained, it will have a service visit when the property is re-let to ensure it is safe and working correctly at the point the new tenancy commences. The new tenant will also be shown how to operate the lift safely. If the thorough examination is due before the new tenancy commences, we will also ensure this is carried out.

6.11. We will operate a robust process to gain access to properties to undertake thorough examinations, lift safety/servicing visits and follow-on works. In the case of access for domestic stairlifts, where resident vulnerability issues are known or identified we will ensure we safeguard the wellbeing of the resident, whilst ensuring we can gain timely access to any property to be compliant with this policy.

6.12. We will operate effective contract management arrangements with the contractors responsible for delivering the service, including; ensuring contracts/service level agreements are in place, conducting client-led performance meetings, and ensuring that contractors’ employee and public liability insurances are up to date on an annual basis.

6.13. We will establish and maintain a risk assessment for lift safety management and operations, setting out our key lift safety risks and appropriate mitigations.

6.14. To comply with the requirements of the Construction (Design and Management) Regulations 2015 (CDM), a Construction Phase Plan will be in place for all repairs work to void and tenanted properties (at the start of the contract and reviewed/ updated annually thereafter), component replacement works and refurbishment projects. This plan will detail what is required to reinstate lifts affected by the works, to ensure they are safe to use and continue to comply with relevant legislation.

6.15. We will ensure there is a robust process in place to investigate and manage all RIDDOR notifications made to the HSE in relation to lift safety, and we will take action to ensure any issues identified and lessons we have learned to prevent a similar incident occurring again. All accidents/incidents will also be reported through the councils internal DASH system as per corporate health and safety policy. Health and Safety Policy - January 2025 (1).pdf

Programmes

7.1. Thorough examinations - all lifting equipment, including domestic lifts, will be subject to a thorough examination:

• Before being commissioned into use for the first time.
• Every six months if the lift is being used to carry people – this includes passenger lifts and domestic stairlifts.
• Every 12 months if the lift only carries loads.
• If the lift has been out of use for 21 days or more.
• In accordance with an examination scheme (as prepared by a competent person) where there is one in place; or
• In accordance with our insurer’s specification (if more frequent).

7.2. Maintenance - All lifting equipment will be subject to routine servicing and maintenance in line with manufacturers’ recommendations and/or any examination scheme.

• Every 2 months in the case of passenger lifts
• Every 12 months and at change of occupancy in the case of stairlifts

7.3. We will ensure there is a robust process in place for the management of any follow-up works required following the completion of a thorough examination or servicing and maintenance inspection (where the work cannot be completed at the time of the examination or servicing/inspection).

Data and records

8.1. We will maintain a core asset register of all properties we own or manage, setting out which properties have lifts which require a thorough examination. We will also set out which properties have lifts which require ongoing servicing and maintenance. This register will also hold data against each property asset of the type, age and condition of lifting equipment in place.

8.2. We will operate a robust process to manage all changes to our assets, including property acquisitions and disposals, to ensure that properties are not omitted from lift safety programmes and the programme remains up to date.

8.3. We will hold records of the following against all properties on each programme:

• Thorough examination dates and reports.
• Servicing and maintenance dates and reports.
• Any examination schemes in place.
• Evidence of completed remedial works; and
• Entrapment incidents.

8.4. We will hold these in our Housing Asset Management system.

8.5. Where we install any stairlifts or other lifts to domestic properties or give approval for or become aware of any installation of such lifts, we will add them to the thorough examination and servicing programmes.

8.6. We will keep all records for at least five years or for the duration that we own and manage the property/in line with our document retention policy and have robust processes and controls in place to maintain appropriate levels of security for all lift safety related data and records.

Resident engagement

9.1. We consider good communication essential in the effective delivery of lift safety programmes; therefore, we will produce guidance on lift safety to support our tenants and ensure this is available in accessible formats such as our website and in a leaflet.

9.2. This will assist us in maximising access to carry out lift inspections, encourage and support tenants to report any concerns about lift safety, and help us to engage with vulnerable and hard to reach tenants.

9.3. We will share information clearly and transparently and will ensure that information is available to tenants via regular publications and information on our website.

Competent Persons

10.1. The Electrical and Lift Safety Contracts Manager, as the post responsible for managing the day-to-day delivery of the programme, will hold a minimum of the following qualifications:

• Level 2 Safety Awareness in Lifting Equipment in Housing (inc. LOLER/PUWER)
• The Institution of Occupational Safety and Health (IOSH) Managing Safely

10.2. The Approved Code of Practice for LOLER states:

You should ensure that the person carrying out a thorough examination has such 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

10.3. Therefore, only suitably competent lift consultants and contractors, registered with the Lift and Escalator Industry Association (or equivalent), will be appointed to undertake thorough examinations, risk assessments, prepare examination schemes and undertake lifting equipment works.

10.4. We will check that our contractors hold the relevant qualifications and accreditations when we procure them, and thereafter on an annual basis; we will evidence these checks and each contractor’s certification appropriately.

Training

11.1. We will deliver training on this policy and the procedures that support it, through appropriate methods including team briefings; Lift Safety awareness training; and on the job training for those delivering the programme of Lifting equipment inspections, planned maintenance and repair works as part of their daily job. All training undertaken by staff will be formally recorded.

Performance reporting

12.1. Detailed below are the performance indicators that are reported on the compliance dashboard. This will be reported to the Housing Health and Safety Board (HHSB) monthly.

• Total number of passenger carrying lifts in programme.
• Total number of passenger carrying lift thorough examinations in date.
• Total number of passenger carrying lift thorough examinations overdue.
• Total number of passenger carrying lift thorough examinations overdue (< 3 months).
• Total number of passenger carrying lift thorough examinations overdue (3-6 months).
• Total number of passenger carrying lift thorough examinations overdue (6-12 months).
• Total number of passenger carrying lift thorough examinations overdue (12+ months).

 

• Total number of domestic stairlifts in programme.
• Total number of domestic stairlift thorough examinations in date.
• Total number of domestic stairlift thorough examinations overdue.
• Total number of domestic stairlift thorough examinations overdue (< 3 months).
• Total number of domestic stairlift thorough examinations overdue (3-6 months).
• Total number of domestic stairlift thorough examinations overdue (6-12 months).
• Total number of domestic stairlift thorough examinations overdue (12+ months).

 

• Total number of non-domestic stairlifts in programme.
• Total number of non-domestic stairlift thorough examinations in date.
• Total number of non-domestic stairlift thorough examinations overdue.
• Total number of non-domestic stairlift thorough examinations overdue (< 3 months).
• Total number of non-domestic stairlift thorough examinations overdue (3-6 months).
• Total number of non-domestic stairlift thorough examinations overdue (6-12 months).
• Total number of non-domestic stairlift thorough examinations overdue (12+ months).

Non-compliance escalation process

13.1. Our definition of non-compliance is any incident which has the potential to result in a potential breach of legislation or regulatory standard, or which causes a risk to health or safety. All non-compliance issues will be reported and escalated as soon as possible and no later than 24 hours after the incident occurred, or becoming aware of it.

13.2. In cases of serious non-compliance, CLT and Cabinet will consider whether it is necessary to disclose the issue to the Regulator of Social Housing as required by the regulatory framework, or any other relevant organisation.

Conclusion

14.1. This policy sets out our approach to Lift safety. If you are an ESC tenant, you should consult your tenancy agreement/licence/lease for further information on your rights and responsibilities, ask our advice, or seek independent help.

Policy review

15.1. This policy will be reviewed every three (3) years, or earlier if required due to legislative, regulatory, best practice, or operational changes.

15.2. Any review or amendments to this policy will be subject to approval by the Housing Health and Safety Board (HHSB).

15.3. The Strategic Lead for Regulatory Compliance, and the contracts manager for Electrical Safety will be responsible for ensuring the implementation of this policy.

Appeals

16.1. Tenants can appeal decisions made under this Policy, through ESC’s Customer Feedback Policy.