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AESIF News - What Do you need to Know ?

What Do you need to Know ? - 21 July 2015

Landlords, or those responsible for powered gates as part of a work activity (eg managing agents), have duties under Section 3 of the Health & Safety at Work etc Act 1974 for the safety of people (including the public) they do not employ. They are expected to maintain similar standards of safety for construction, inspection and maintenance as employers have under the Workplace (Health, Safety and Welfare) Regulations 1992. If competent contractors advise that the equipment is unsafe prompt action should be taken to ensure the safety of everyone

Powered Gates: Responsibilities. 

Those assessing, inspecting, checking, maintaining and repairing powered gates as part of a work activity have duties for safety under Section 3 of the Health & Safety at Work etc Act 1974. Essentially they should not put others (including the public) at risk. For example, following any maintenance or repair work the gate must be left safe.

Anyone working on powered gates should be competent (eg have appropriate mechanical, electrical, hydraulic, or pneumatic knowledge, together with the ability where necessary to verify and test both parts and the final product). Specialist equipment may be needed, eg to test force limitation values.

Records of servicing, repair and testing may help to demonstrate what has been done and how the gate is being left safe. They could also be useful as a benchmark for subsequent safety checks. Ideally access to exact settings (eg force limitation) should be kept secure from interference, and the user / occupier being made aware of the significance of these settings for safety. Users / owners should be made aware of the need for periodic checks to ensure safety (although there is no requirement for checks or maintenance of domestic private gates under health and safety law, they are recommended for safety).

Significant modifications to an existing powered gate may result in the gate having to be re-CE marked as the powered gate is in effect a ‘new’ machine. The same may also apply where CE marked gate kits are modified on installation, or installed, in ways not intended by the kit manufacturer. In these cases the person making the changes will be deemed to be the manufacturer (‘Responsible Person’). However, simple servicing and straightforward parts replacement will not require re-CE marking. 

See:  HSE aims to reduce work-related death, injury and ill health. 

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