ARTICLE
11 February 2010

Tower Crane Register To Come Into Force In April

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CMS Cameron McKenna Nabarro Olswang

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The HSE has launched guidance on complying with The Notification of Conventional Tower Cranes Regulations 2010 (the Regulations), which come into force on 6 April 2010.
UK Employment and HR
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The HSE has launched guidance on complying with The Notification of Conventional Tower Cranes Regulations 2010 (the Regulations), which come into force on 6 April 2010. The Regulations themselves are still under consideration by ministers, but will be laid before parliament in March in preparation for enactment.

The register has been created following concerns over crane safety in Britain. Tower crane collapses have killed eight people in the past 10 years, including a member of the public, and injured many more.

The Regulations introduce a tower crane register, on which all conventional tower cranes used on construction sites must be listed. Employers are under a statutory duty to provide the HSE with the relevant details within 14 days of the crane's thorough examination, which is required under the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER). Employers will have 28 days to register cranes already erected on the date the Regulations come into force. It is important to note that the Regulations do not apply to other types of tower cranes such as self-erecting tower cranes or any other type of crane, for example mobile cranes. The Regulations also only apply to conventional tower cranes on construction sites.

It is the duty of the employer (including self-employed persons) to notify the HSE of any conventional tower cranes 'provided for use or used by their employee at work'. In practice, this means that whoever has the responsibility for ensuring that the crane is examined under LOLER should also ensure that the HSE is notified of the relevant details.

Under the Regulations the following information should be provided to the HSE whenever a conventional tower crane is thoroughly examined:

(a) the name and address of the owner or lessor of the conventional tower crane – i.e. the name and address of the company providing the crane for use on the site

(b) the address of the construction site at which the crane has been installed

(c) information sufficient to identify the crane including, where known, its date of manufacture

(d) the date of the thorough examination

(e) the name and address for whom the thorough examination was made

(f) whether the thorough examination revealed any defects involving imminent risk of serious personal injury

Employers can notify the HSE of the relevant information either online or by post by completing and returning a form available to download at the above website or from the HSE. Each registration is subject to a £20 administration fee.

The Regulations are not currently available, however to download the HSE guidance on the forthcoming legislation please click here (www.hse.gov.uk/pubns/books/indg437.htm)

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 09/02/2010.

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