The Lifting Operations and Lifting Equipment Regulations 1998

Reports and defects

10.—(1) A person making a thorough examination for an employer under regulation 9 shall—

(a) notify the employer forthwith of any defect in the lifting equipment which in his opinion is or could become a danger to persons;

(b) as soon as is practicable make a report of the thorough examination in writing authenticated by him or on his behalf by signature or equally secure means and containing the information specified in Schedule 1 to—

(i) the employer; and

(ii) any person from whom the lifting equipment has been hired or leased;

(c) where there is in his opinion a defect in the lifting equipment involving an existing or imminent risk of serious personal injury send a copy of the report as soon as is practicable to the relevant enforcing authority.

(2) A person making an inspection for an employer under regulation 9 shall—

(a) notify the employer forthwith of any defect in the lifting equipment which in his opinion is or could become a danger to persons;

(b) as soon as is practicable make a record of the inspection in writing.

(3) Every employer who has been notified under paragraph (1) shall ensure that the lifting equipment is not used—

(a) before the defect is rectified; or

(b) in a case to which sub-paragraph (c) of paragraph 8 of Schedule 1 applies, after a time specified under that sub-paragraph and before the defect is rectified.

(4) In this regulation “relevant enforcing authority” means—

(a) where the defective lifting equipment has been hired or leased by the employer, the Executive; and

(b) otherwise, the enforcing authority for the premises in which the defective lifting equipment was thoroughly examined.