A London property management agency has been prosecuted by a local authority for failing to maintain lifts at two commercial buildings. The firm pleaded guilty to breaching section 3 of the Health & Safety at Work etc. Act 1974 and was fined £10,000 and ordered to pay costs of £5,338.
In October 2006, City of London’s environmental services received two statutory reports from an insurance firm that had carried out inspections on lifts at two properties managed by the agency. The reports noted that defects on both lifts, which had been highlighted during a previous inspection, had not been rectified, with the condition of both lifts having deteriorated further since that time.
The previous inspection had been carried out six months earlier and noted that one of the lift’s had a splintered gear rope, which would prevent the lift from locking if the main rope was broken. The other lift had a mechanical failure to an exterior landing door that was located on the fourth floor. This meant that the exterior doors could be manually opened and would allow direct access to the lift shaft.
Inspectors began their investigation in January 2007 and found that the firm had failed to carry out regular bi-annual inspections between 2005 and 2007. Investigators also discovered that the company had notified its contractors about defects found during inspections in March and April 2005, but had failed to check if these repairs had been carried out.
This case highlights the importance of ensuring that organisations have procedures in place to effectively monitor and review the work of their contractors. It’s a common misunderstanding that the employment of contractors to undertake lift maintenance work absolves the duty-holder of its responsibility under health and safety legislation.
It is not sufficient for an organisation to effect regular inspections on lifts, without ensuring that any known defects have been remedied. Failure to do so could result in potentially dangerous situations where both employees and members of the public are unknowingly exposed to serious risks.
In mitigation, the firm entered an early guilty plea and told the court that it has subsequently invested in an electronic system to monitor failures on its lifts. It has also put in place a new system of work to ensure that all defective lifts are put out of service as soon as faults are discovered.
