Safety in Industry Acts, 1955 and 1980 (Hoists and Hoistways) (Exemption) Order, 1985.

S.I. No. 100 of 1985. WHEREAS it has been shown to my satisfaction that it would be unreasonable in the special circumstances of the case to enforce certain requirements of section 33 of the Factories Act, 1955 (No. 10 of 1955) in respect of certain classes or descriptions of hoists and hoistways; NOW I, RUAIRI QUINN, Minister for Labour, in exercise of the powers conferred on me by subsection (13) of the said section 33, hereby order as follows: 2. In this Order:— "hoistway" includes a liftway; "hoist" includes a lift. 3. As respects a hoist or hoistway of any class or description specified in the first column of the Schedule to this Order, the requirements of the provisions of section 33 of the Factories Act, 1955 (No. 10 of 1955), specified in the second column of the said Schedule opposite the mention of a hoist or hoistway of that class or description shall, subject to the conditions and limitations (if any) specified in the third column of that Schedule opposite such mention, not apply. Class of description of hoist or hoistway Requirements of section 33 of the Factories Act, 1955 which shall not apply Conditions or limitations (if any) 1. Hoistways of pavement hoists, that is to say, hoists in the case of which the provision of a permanent enclosure at the top landing would obstruct a street or public place, or yard or other open space within a factory where persons are required to pass. Subsection (3) in so far as it requires the hoistway to be protected by an enclosure and gate at or above the top landing. Except in the case of a hoist with more than one landing, other than the top landing, sub-section (4) or sub-section (9). The hoistway shall be securely covered or securely fenced at the top landing except when and where access is required for persons, goods or materials. Every gate shall be kept closed and fastened except when the cage or platform is at the landing. 2. Mobile hoist used in various positions for the stacking of goods or materials or for loading or unloading directly to or from vehicles, which have no fixed landings above the lowest landing. Subsections (3), (4) and (9) and, in a case where the maximum height of the platform above ground or floor level does not exceed two metres, subsection 7 (c). The hoist shall be so constructed that it is stable and its stability shall in all circumstances be maintained. Where the height of the platform of a hoist used for carrying persons exceeds two metres above ground or floor level, the edges of the platform on which persons stand shall be protected to a height of at least one metre above the platform by suitable guard rails, lower rails and toe boards of adequate strength or by other equally effective means; any gate provided shall, unless equally effective means are provided, open inwards only towards the platform and be arranged so as automatically to return to the closed and fastened position; and the button, handle or other device by which the movement of the platform is controlled shall be on the platform and be such that the platform cannot be in motion unless the control device is being held or pressed by a person on the platform. 3. Hoists which are fixed in position and which are used for stacking of goods or materials or for loading or unloading directly to or from vehicles, which have no fixed landings above the lowest landing and in case of which the maximum height of the cage or platform above ground or floor level exceeds two metres. Subsection (3) and (4) The hoistway shall be protected at ground or floor level by an enclosure not less than two metres in height and fitted with a gate or gates in connection with which subsection (4) or subsection (9) shall apply; and if the hoist is used for carrying persons it shall be provided with a cage. 4. Platform hoists which are fixed in position and in the case of which the maximum height of the platform above ground or floor level does not exceed two metres. Subsections (3),(4),7 (c) and (9). A gate or gates or other means shall be provided to prevent any person being endangered by the underside of the platform or by any fitting attached to it. 5. Hoists used solely for lifting material directly into a machine. Subsections (3),(4) and (9). 6. Hoistways of hoist which are not used for carrying persons and into or from which goods or materials are not loaded or unloaded except at a height of not less than one metre above the level of the floor or ground where loading or unloading is performed. Subsections (4) and (9). This exemption shall not apply to any gate unless there is a fixed enclosure not less than one metre in height below the bottom of the gate and reaching down to the level of the floor or ground; and every gate to which this exemption applies shall: (i) be fitted with an efficient device to secure that the cage or platform cannot be raised or lowered unless the gate is closed, and will come to rest when the gate is opened or, (ii) where it is not reasonably practicable to fit such a device, be kept closed and fastened except when the cage or platform is at rest at the gate. 7. Hoists which are not connected with mechanical power and which are not used for carrying persons, and the enclosures of the hoistways of such hoists. Subsection (5). 8. Hoists mainly used for raising materials for charging lime kilns or for charging blast furnaces in which the process of smelting iron ore is carried on. Subsection (3), so far as it requires gates at the bottom landing; subsections (4), (5), (7) (b) and (9). 9. Hoists used for raising or lowering or tipping-standard gauge or broader gauge railway rolling stock. Subsection (3), in so far as it requires the recognised entrances to the enclosure, being entrances through which the rolling stock passes, to be fitted with gates; subsections (4), (7)(b) and (9). So far as is reasonably practicable, means shall be provided at such entrances to the enclosure to prevent any person from falling down the hoistway or being struck by any moving part of the hoist. 10. Drop-pit hoists used for raising or lowering wheels or bogies detached from standard-gauge or broader gauge railway rolling stock. Subsections (3) to (6), (7) (b) and (7) (c). 11. Hoistways of hoists into or from which goods or materials are loaded or unloaded automatically and to the platform or cage of which there is no access for persons. So much of the section as requires gates at the openings in the enclosure where goods or materials are loaded or unloaded automatically. Means shall be provided at the loading and unloading openings in the enclosure to prevent so far as is reasonably practicable, any person falling down the hoistway or coming into contact with any moving part of the hoist. 12. Hoistways of hoists which are not used for carrying persons and on which the goods or materials stacked on the platform or in the cage are loaded or unloaded with the top layer of the stack at landing level. Subsection (4). This exemption shall not apply to any gate unless there is a fixed enclosure not less than one metre in height below the bottom of the gate and reaching down to the level of the floor or ground, and unless any such gate can only be opened or remain open when the floor of the cage or platform is at the landing level or not more than two metres below that level; and when the gate is open the cage or platform shall not be capable of being moved more than twelve inches at one time and at a speed not greater than seven point five metres per minute; and provision shall be made to prevent any person being trapped by the top of the cage. The arrangements shall be such that when the gate is open the platform or cage cannot be in motion unless button, handle, or other device by which the movement of the cage or platform is controlled is being held or pressed by a person close to the gate. 13. Hoists and hoistways the landing and cage entrances of which are protected by lattice gates. Subsections (3) and (5) in so far as they relate to the protection to be provided by the gates. The gates when shut shall extend to the full height and width of the entrance openings and, except in the case of gates installed before the coming into operation of this Order, shall have no openings exceeding sixty five millimetres in width. Measures shall be taken to prevent the access of feet through the cage gate or the landing gate into the hoistway, and to prevent the access of fingers through the landing gate to the interlocking mechanism and control devices in the cage or on the platform. 14. Mobile hoists used in various positions for the stacking of goods or materials at various fixed levels which are not floors. Subsections (3), (4) and (9), and in a case where the maximum height of the platform above ground or floor level does not exceed two metres, subsection 7 (c). The hoist shall be so constructed that it is stable and its stability shall in all circumstances be maintained. Where the height of the platform of a hoist used for carrying persons exceeds two metres above ground or floor level the edges of the platform on which the persons stand shall be protected to a height of at least one metre above the platform by suitable guard rails, lower rails and toe boards of adequate strength or by other equally effective means; any gate provided shall, unless equally effective means are provided open inwards only towards the platform and be arranged so as automatically to return to the closed and fastened position and the buttion, handle or other device by which the movement of the platform is controlled shall be on the platform and be such that the platform cannot be in motion unless the control device is being held or pressed by a person on the platform. The hoist where practicable should be so protected at ground or floor level as to prevent a person being struck by any moving part of the hoist. 15. Mobile hoists used as working platforms which are not used for stacking goods or materials. Subsection (3), (4) and (9), and in a case where the maximum height of the platform above ground level does not exceed two metres, subsection (7) (c). The hoist shall be so constructed that it is stable and its stability shall in all circumstances be maintained. Where the height of a platform of a hoist used for carrying persons exceeds two metres above ground or floor level, the edges of the platform on which the person stands shall be so protected to a height of at least one metre above the platform by suitable guard rails, lower rails and toe boards of adequate strength or by other equally effective means; any gate provided shall, unless equally effective means are provided, open inwards only towards the platform and be arranged so as automatically to return to the closed and fastened position; and the button, handle or other device by which the movement of the platform is controlled shall be on the platform and be such that the platform cannot be in motion unless the control device is being held or pressed by a person on the platform. The hoist where practicable shall be so protected at ground or floor level so as to prevent a person being struck by any moving part of the hoist. GIVEN under my Official Seal this 1st day of April, 1985. RUAIRI QUINN, Minister for Labour. EXPLANATORY NOTE. This Order exempts specified classes or descriptions of hoists and hoistways from compliance with certain requirements of the Factories Act, 1955