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The Lifting Operations and Lifting Equipment Regulations 1998

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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.

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