Reports and defects10

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.